Chinta Devi And ORS v. Kameshwar Sharma And ORS
Patna High Court C.Misc. No.990 of 2016 (2) dt.21-09-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.990 of 2016 ====================================================== Chinta Devi & Ors .... .... Appellant/s
Versus
Kameshwar Sharma & Ors .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Parmeshwar Vishwakarma For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 21-09-2016 Heard learned counsel, Vishal Saurav, appearing for the petitioners.
2.
Perused the impugned order dated 03.08.2016 passed by the Sub-Judge-II, Patna in T.S. No. 225 of 2007, whereby the learned court below rejected the intervention application filed by the petitioners.
3.
From perusal of the impugned order, it appears that the court below clearly recorded the finding that the suit has been filed for removal of encroachment by the defendants on record, who are the brothers of these petitioners. The evidence of the plaint has already been closed. At this stage, the petitioners, who are resident of different villages and residing in their sasural, have filed this application for being added as party on the ground that their mother has died and their names have been expunged. 4.
Admittedly, the brothers of these petitioners are
Patna High Court C.Misc. No.990 of 2016 (2) dt.21-09-2016 already on record as defendant Nos. 2 to 5. It is also admitted that these petitioners are resident of different villages of different police stations. The case has been filed only for removal of encroachment. In such circumstances, the learned court below has rightly held that the presence of these petitioners are not necessary in the present suit, as such, the learned court below has rightly rejected the application. Therefore, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. Thus, this civil miscellaneous application is dismissed. brajesh/- (Mungeshwar Sahoo, J) U