SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2024 Supreme(Pat) 716

MOHIT KUMAR SHAH
Manoj Prasad Son of Late Chhathi Lal Sah – Appellant
Versus
Ram Deyal Sah @ Ram Deyal Prasad Son of Late Thakur Sah – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.Basant Kumar Singh
For the Respondent: Mr.Basant Kumar Singh

JUDGMENT :

Mohit Kumar Shah, J.

The present writ petition has been filed seeking the following reliefs:-

    “1(i). To issue a writ of Certiorari or any other appropriate Writ(s)/Order(s) /Direction(s) to set aside the order dated 19.12.2012 (Impugned Order), passed by Munsif 3rd, Chapra in T.S.No. 178 of 1998 (Ra Deyal Sah Versus Manoj Prasad), whereby and whereunder the learned Trial Court pleased to reject the application, seeking permission to repair the old house situated on the disputed plot, of the petitioner in mechanical way.

    ((ii). To grant permission to the petitioner to repair the shop which is on the verge of demolition.”

2. The learned counsel for the parties have pointed out, at the outset, that earlier writ petitions were being filed against the interlocutory orders (such orders which have not finally decided the suits or proceedings in favour of the parties and the suits or such proceedings have not stood disposed off), in view of the law laid down by the learned Division Bench of this Court in a judgment dated 13.05.2010, passed in C.R. no. 1067 of 2009 (Durga Devi v. Vijay Kumar Poddar & Ors.), however, subsequently, the Hon’ble Apex Court, by a judgment rendered in the

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top