IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.745 of 2007 MAHESH KUMAR Versus DHARMENDRA PRASAD @DHARMENDRA KUMAR & ORS ----------- 2 8/12/2008 Heard counsel for the petitioner. In the opinion of this Court order of the court below refusing to stay the subsequent eviction suit on the ground of pendency of partition suit between two brothers can definitely not be faulted, in as much as, scope of eviction suit and the partition suit are operating in two different fields. Apprehension of the petitioner that any finding arrived at in the eviction suit may cloud his title in partition suit is only to be noticed for its being rejected. Question of title in the eviction suit is only gone into to find out relationship of the landlord and the tenant and such finding will never be binding on the petitioner in the partition suit. That being so, this application is wholly misconceived and is, accordingly, dismissed. (Mihir Kumar Jha, J.) Abhay Kumar