Vimla Devi @ Bimla Devi v. Dina Nath Prasad And ANR

Patna High Court C.Misc. No.36 of 2016 (2) dt.18-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.36 of 2016 ====================================================== Vimla Devi @ Bimla Devi .... .... Appellant/s

Versus

Dina Nath Prasad & Anr .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Abinash Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 18-05-2016 Heard learned counsel Mr. Abinash Kumar for the petitioner.

The learned Subordinate Judge-Vth, Patna in Title Suit No.326 of 2010 allowed the intervention application filed by the intervener by terms of order dated 29.03.2016 recording a finding that the intervener has obtained a decree for specific performance of the suit property and the present suit for specific performance filed by the petitioner is not contested by the defendant as he has already executed agreement to sell in favour of the intervener. Since the court below has recorded the finding that the presence of the intervener is necessary in the present case because decree is there in his favour, in my opinion, this is not a fit case for interference in exercise of supervisory jurisdiction under Article 227 of the Constitution of India. Thus, this application is dismissed.

Harish/- (Mungeshwar Sahoo, J) U