High Court Patna High Court - Orders

Sanjay Kumar vs Arun Kumar & Ors on 11 July, 2011

Patna High Court – Orders
Sanjay Kumar vs Arun Kumar & Ors on 11 July, 2011


IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL WRIT JURISDICTION CASE No.10824 of 2011

SANJAY KUMAR – Petitioner/s(s)
Versus
ARUN KUMAR & ORS – Respondent/s(s)
___________

2. 11.07.2011 Heard the learned counsel for the

petitioner.

This writ application has been filed

by the petitioner for setting aside the

order dated 28.3.2011 passed by Sub Judge-

1st Barh, whereby the learned court below

reviewed the judgment and decree dated

19.2.2010 passed in Partition Suit No. 58

of 2008. This order has been passed by the

court below under the provision of Order 47

Rule 4 of the Code of Civil Procedure which

is appealable under Order 43 Rule 1 clause

(w). Therefore, since the petitioner has

got alternative efficacious remedy, this

writ cannot be entertained.

Accordingly, this writ application

is dismissed.

S.S. (Mungeshwar Sahoo,J.)