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2024 Supreme(Online)(Pat) 3943

PATNA HIGH COURT
MOHIT KUMAR SHAH, J
Chandra Mohan Prasad and Anr – Appellant
Versus
Ramjeet Prasad and Ors – Respondent


Advocates:
Mr.Ajay Kumar Singh, Adv.

ORAL JUDGMENT

Date : 27-11-2024

1. The present writ petition has been filed seeking the following relief(s) :-

“1.(i) For issuance of a writ in the nature of certiorari for quashing the order dated 27-6- 2014 Passed in T.S. 25/09 by Learned Munsif Raxaul at Motihari, East Champaran (as contained in annexure to this writ petition) where by and where under the Learned Munsif, Raxaul, was pleased to reject the petition dated 26.09.2013 under order/1 Rule 10 and order 22 rule 10 read with 151 C.P.C filed on behalf of interveners /petitioners.

(ii) For issuance of an appropriate writ/order/orders/ direction to hold that the petitioners having vested interest in the T.S. No. 25/09 on the facts and circumstances of the case and as such the petitioners are the necessary party to the T.S. No. 25/09 and need to be heard by the trial court.”

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 B

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