The Patna High Court dismissed the civil miscellaneous application challenging an order that restored a title suit on payment of costs due to laches by the plaintiff-respondent.
Civil Misc. application No.26 of 2017 dismissed.
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Patna High Court C.Misc. No.26 of 2017 (2) dt.18-01-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.26 of 2017
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Jarai Devi & Ors
.... .... Appellant/s Versus Smt. Dhanupari Devi & Ors .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Arvind Kumar Sharma For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER
2 18-01-2017 1. Heard the learned counsel for the petitioner.
2. Perused the impugned order dated 30.06.2016 passed by Sub Judge IV, Danapur whereby the learned Court below has allowed the Misc. case and restored Title Suit No.116 of 1999 on payment of cost of Rs.10,000/- because of some laches on the part of the plaintiff-respondent.
3. Since by the impugned order, the Court below has only restored the title suit on payment of cost of Rs.10,000/- to the petitioner, I do not find any illegality in the impugned order so as to interfere the same in exercise of supervisory jurisdiction.
4. Accordingly, this Civil Misc. application is dismissed.
Sanjeev/-
(Mungeshwar Sahoo, J)
U T
1 issue framed by the court
Whether the impugned order restoring the title suit on payment of cost warrants interference in supervisory jurisdiction.
Jarai Devi & Ors
Smt. Dhanupari Devi & Ors
MUNGESHWAR SAHOO
As recorded by the court registry
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