IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12956 of 2011 Ram Subhag Choudhary Versus Smt.Sudhira Devi & Anr ---------------------------------- 04. 08.09.2011. Heard the learned counsel for the defendant No.1-petitioner. This application under Article 227 of the Constitution of India has been filed against the order dated 14.06.2011 passed by Sub Judge Ist, Benipur in Title Suit No.26 of 2009 whereby the learned Court below rejected the application filed by the petitioner for punishing the receiver who is respondent No.2 in this application. The learned counsel for the petitioner submitted that the learned Court below has wrongly passed the impugned order without considering the averments made in the rejoinder application filed by the defendant No.2. From perusal of the impugned order, it appears that the learned Court below has considered the fact that the defendant No.1 has not been able to make out case for removable of receiver and failed to prove the dereliction of duty of the receiver. The learned Court below also found that the defendant No.1 failed to prove - 2 - misappropriation of property by the receiver and, therefore, refused to punish the receiver, i.e., the respondent No.2. In view of the above finding, in my opinion, it is not a fit case where exercise of supervisory jurisdiction is required. Thus the impugned order is not required to be interfered with. Accordingly, this writ application is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)