In writ proceedings, the court held it cannot decide disputed questions of right, title, and interest. The petitioners were directed to file a title suit in the civil court to resolve the dispute.
The petitioners are directed to file a title suit in the civil court; the application is disposed of with this direction.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1326 of 2018
======================================================
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar For the Respondent/s : Mr.Sajid Salim Khan -Sc25 ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
5 06-12-2022 Heard the parties.
The dispute between the parties can only be resolved
by the Civil Court and this Court in writ proceedings cannot decide the disputed questions of right, title and interest.
In these circumstances, the parties are directed to get the dispute resolved by filing a title suit.
The affected party may file the title suit and may file application of injunction and any order for injunction shall be decided within a month by the Court below dealing with the title suit in accordance with law.
This Court has not examined the merits of the case,
Patna High Court CWJC No.1326 of 2018(5) dt.06-12-2022 2/2
and therefore, is not expressing any opinion on the right, title and interest of the parties i.e. neither the petitioner nor the respondents or the intervenors.
With the aforesaid observations and directions, this application is disposed of.
(Sandeep Kumar, J)
Sunnykr/-
U
2 issues framed by the court
Whether a writ court can decide disputed questions of right, title and interest.
What directions the writ court should issue in cases involving disputed title and interest.
Md. Jalil and Anr
The State Of Bihar and Ors
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
