Patna High Court - Orders
Laxmi Narayan Sharma & Anr. vs Smt. Rajshree Singh & Ors. on 16 December, 2009
IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.2118 of 2009
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1. Laxmi Narayan Sharma, son of late Sheojee Sharma
2. Bidya Sagar Sharma, son of late Sheojee Sharma
Both residents of Mohalla Shri Ram Chak (Shyam Chak),
Adarsh Colony, P.S. Bhagwan Bazar, District Saran.
....Plaintiffs-Appellants-Appellants
Versus
1. Smt. Rajshree Singh, wife of Rajendra Prasad Singh, resident of
of Mohalla Shri Ram Chak (Shyam Chak), Adarsh Colony, P.S.
Bhagwan Bazar, District Saran.
...Defendant/Respondent 1st set-Opposite Party 1st set.
2. Nand Lal Sharma, son of late Jagdish Sharma
3. Usha Devi wife of late Gautam Sharma
4. Binita Kumari, daughter of late Gauram Sharma
5. Anita Kumari, minor daughter of late Gautam Sharma
6. Rinku Kumari minor daughter of late Gautam Sharma
7. Rahul Kumar minor son of late Guatam Sharma
Nos. 5 to 7 through Usha Devi, mother guardian and next friend.
8. Most. Raj Kumari Devi, wife of late Bharat Sharma
9. Sapna Kumari, daughter of late Bharat Sharma
10. Banti Kumar Sharma, minor son of late Gautam Sharma
11. Patalu Sharma @ Avinash Sharjma, minor son of late Gautam
Sharma
12. Khushbu Kumari, minor daughter of late Bharat Sharma
Nos. 10 to 12 through Raj Kumari Devi, mother guardian and next
friend.
Nos. 2 to 12 residents of Muhalla Brahampur, P.S. Bhagwan Bazar,
District Saran.
...Defendant-Respondent 2nd set-Opposite parties 2nd set.
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For the Petitioners : Mr. Mahesh Narayan Parwat, Advocate.
For the Opp. Parties : None.
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02/ 16.12.2009Heard learned counsel for the petitioners.
2. This civil revision has been filed by the plaintiffs- appellants-petitioners challenging order dated 26.10.2009, by which learned Additional District Judge-IX, Saran, dismissed 2 Misc. Appeal No. 39 of 2004, which was filed by the plaintiffs against order dated 29.07.2004, by which learned Additional Subordinate Judge-IV. Chapra rejected the application for injunction filed by the plaintiffs in Title Suit No. 229 of 2004.
3. The office has rightly noted that in view of the principle of law settled by the Hon'ble Apex Court in case of Suryadeo Rai vrs. Ram Chandra Rai & others, reported in 2003 (4) SCC Page 675, revisions are not maintainable in such matters.
4. In the said circumstances, this civil revision is dismissed as not maintainable with a liberty to the petitioners to file a fresh petition before an appropriate authority under the specific provision of law mentioned in the said decision of the Hon'ble Apex Court.
MPS/ ( S.N. Hussain, J. )