This civil miscellaneous petition filed challenging an eviction suit order was dismissed. The court found the petition lacked merit as the petitioner failed to challenge a prior similar petition which had been finally rejected by the Trial Court.
The civil miscellaneous petition was dismissed on the date of filing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.106 of 2021
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Rajesh Kumar Son of Late Uma Charan Prasad, Resident of Dadiya, Babaki, Thakurbari, Tekari Road, P.S.-Kotwali, District-Gaya.
... ... Petitioner/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Mrigendra Kumar For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 23-11-2021 Heard learned counsel for the petitioner.
The learned counsel for the petitioner has submitted that the petitioner is defendant in eviction suit filed on the ground of personal necessity by the plaintiffs. He has filed some photographs in order to show that there was no personal necessity of the plaintiffs which was refused by the court below.
From perusal of the impugned order it shows that on earlier occasion also, the petitioner had filed petition of similar nature, which was rejected by the Trial Court. The Trial Court has also observed that at this stage the pressing of this petition is a delaying tactics.
It has not been clarified by the learned counsel for the
Patna High Court C.Misc. No.106 of 2021(2) dt.23-11-2021 2/2
petitioner that when on earlier occasion the petition has already been rejected by the Trial Court, as to why that order has not been challenged, which presently has become final.
I do not find any merit in this civil miscellaneous petition and accordingly it is dismissed.
(Nawneet Kumar Pandey , J)
Mahesh/-
U
2 issues framed by the court
Whether the civil miscellaneous petition challenging a previous rejected petition as delaying tactics merits allowance.
Whether the petitioner failed to challenge the final order rejecting a prior petition of similar nature.
Rajesh Kumar
Anita Kumari
Manoj Kumar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
