IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.659 of 2008 DAYA SHANKAR PD.SHARMA @ DAYA Shankar Prasad Versus THE STATE OF BIHAR & ORS ----------- For the appellant: Mr. Shambhu Nath For the respondent nos.1 & 4 : Mr. K.K.Jha, SC- XVIII respondent no.2: Mr. G.P.Ojha P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 26th August, 2008 Letters patent appeal is from an interim order. It suffers from delay of 228 days. For condonation thereof, an application (IA. No.5126 of 2008) has been made. 2. Even if, we condone the delay, we are of the opinion that the appeal does not deserve to be admitted. 3. From the impugned order dated 27th November, 2007, it appears that on that day before the single judge, a prayer for adjournment was made by the counsel for the Municipal Corporation, Muzaffarpur. The single judge acceded to the request; adjourned the matter for six weeks and directed the parties to maintain the status-quo in respect to the house in question. 4. The present appellant appears to be respondent no.5. His grievance is that by making false statement, the impugned order was obtained and that, too, without notice to him. 2 5. We are afraid, looking to the nature of the order dated 27th November, 2007, it was not necessary to hear the present appellant (respondent no.5 therein) as the matter was at threshold and it was adjourned at the request of the counsel for the Municipal Corporation, Muzaffarpur. 6. Letters patent appeal is dismissed in limine. 7. This disposes of IA. No.5126 of 2008 as well. 8. All contentions that the appellant may have, may be raised before the single judge at the time of admission of the writ petition. Needless to say that such objections shall be considered by the single judge in accordance with law. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-