Ginni Mahto and Ors. v. Rabindra Rai and Ors.
Case brief
What is this about?
The High Court of Patna stayed proceedings on a writ petition challenging a civil court's interlocutory order in a property dispute. Relying on Radhey Shyam v. Chhabi Nath, the court converted the filing from writ jurisdiction to civil miscellaneous jurisdiction pending conversion.
What did the court decide?
Time granted to convert the writ petition into a Civil Miscellaneous Petition and list for further orders.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17247 of 2015
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- Ginni Mahto son of late Sukan Mahto
- Sudarshan Mahto son of late Ram Kripal Mahto
- Champa Devi daughter of Late Aghan Mahto All Residents of VillageMaksuspur ,Po Khodah Bag, Police Station- Khaira , District Saran.
... ... Petitioner/s
Versus
- Rabindra Rai
- Birendra Rai Both Sons of Bhim Rai
- Manoj Rai
- Shailesh Rai Both sons of Late Ram Mangal Rai
- Shankar Prasad Rai son of Vikrama Rai Resident of Village- Maksuspur ,Tola -Baluaur, Pargana -Bal, P.s Khaira, District Saran
Issues for consideration
2 issues framed by the court
Whether a writ petition under Article 226 is maintainable against an interlocutory order refusing to recall evidence in a pending title suit.
Whether the scope of Article 227 superintendence extends to civil courts in property disputes.
Parties & counsel
- applicant
Ginni Mahto & Ors.
- respondent
Rabindra Rai & Ors.
Coram
Mohit Kumar Shah
Case details
As recorded by the court registry
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