Uday Kumar Singh v. Awadhesh Prasad Singh And ORS

Patna High Court C.Misc. No.36 of 2017 (3) dt.20-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.36 of 2017 ====================================================== Uday Kumar Singh .... .... Petitioner

Versus

Awadhesh Prasad Singh & Ors .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar For the Respondents : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner.

Perused the impugned order dated 11.08.2016 passed by Subordinate Judge-XIII, Vaishali at Hajipur in Partition Suit No.18 of 1977.

From perusal of the impugned order, it appears that the legal representatives of the deceased respondents were present before the High Court in first appeal and the High Court noticed the fact that the respondents are also present, therefore, no notice be issued. Therefore, considering this aspect of the matter the court below refused to issue fresh notice to the legal representatives. Thus, in my opinion, no case for interference in exercise of supervisory jurisdiction is made out. Thus, this civil miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Harish/- U