MAHABIR PRASAD JAIN Vs. HIRA LAL JAIN

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 1.7.2009 passed in W.P. (C) No. 2275/2006 and W.P.(C) No. 408/2007, by which both the writ petitions had been dismissed granting liberty to the petitioner/appellant herein to approach the competent authority for proper adjudication of the dispute as to whether the property in question is a trust property or not.

(2.) AN Office objection has been raised regarding maintainability of this appeal, wherein the office has pointed out that the appellant had challenged the judgment and order passed in Title Suit No. 165/06 by filing writ petition before the learned Single Judge and hence, this appeal should not be held maintainable. In fact, the Office although has pointed out a relevant aspect of the matter, the fact remains that the writ petition in the first place ought not to have been registered by the Office, when the matter was placed before the learned Single Judge. As the petitioner/appellant had challenged the judgment and order of the Sub -ordinate Judge, Hazaribagh, passed in T.S. No. 165/2006 wherein the dispute was purely in regard to demolition of a house which is standing on plot nos. 445 and 446, the writ petition obviously could not have been entertained against the judgment and order passed in a civil suit. Hence, the writ petition has rightly been rejected although not on the ground of its maintainability. In fact, it is more than obvious that the writ petition bearing W.P.(C) No. 408/2007 itself was not maintainable as the writ could not have been entertained against the judgment and order passed by the Subordinate Judge in a Title Suit.