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Patna High CourtC.Misc./293/2016dismissed

Anil Dwiwedi @ Anil Kumar Dwivedi v. Smt. Renu Devi

2016-08-17Mr. Justice Mungeshwar Sahoo1 pages

Patna High Court C.Misc. No.293 of 2016 (2) dt.17-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.293 of 2016 ====================================================== Anil Dwiwedi @ Anil Kumar Dwivedi .... .... Appellant/s

Versus

Smt. Renu Devi .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Bachan Jee Ojha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 17-08-2016 Heard the learned counsel for the petitioner. Perused the order dated 23.02.2016 passed by Sub Judge III, Aurangabad in Title (Partition) Suit No.80 of 1982 whereby the learned Court below has allowed the intervention application filed by the intervener under Order 1 Rule 10 CPC and transposed her as plaintiff in the suit.

From perusal of the impugned order, it appears that intervener has purchased the property during the pendency of the suit from the original plaintiff who died subsequently. Therefore, the learned Court below has rightly allowed the application under Order 1 Rule 10 CPC and, therefore, it is not a case for interference in supervisory jurisdiction.

Accordingly, this Civil Misc. application is dismissed. Sanjeev/- (Mungeshwar Sahoo, J) U