IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6136 of 2010 SHAMBHU PRASAD S/O LATE RAGHUNAND PRASAD R/O MOH BAKERGANJ, P.O. BANKIPURE, P.S.PIRBAHORE, DISTT- PATNA. ………PETITIONER. Versus 1. PATNA MUNICIPAL CORPORATION THROUGH ITS COMMISSIONER BUDDHA MARG, P.O.G.P.O., P.S.KOTWALI, DISTT-PATNA 2. RAJEEV KUMAR @ RAJEEV KUMAR GUPTA S/O SRI RAM BABU R/O TREVENI NIKETAN, MAKHANIA GALI, BAKERGANJ BAZAR, P.O.BANKIPUR, P.S.PIRBAHORE, DISTT- PATNA 3. HARI NARAYAN PRASAD GUPTA S/O LATE LALESHWAR PRASAD R/O MOH MAKHANIA GALI, BAKERGANJ BAZAR, P.O.BANKIPUR, P.S.PIRBAHORE, DISTT-PATNA. ………..RESPONDETNS. ----------- For the petitioner : Mr. Abinash Kumar, Advocate. For the Respondent no. 1: Mr. Bishwa Bibhuti Kr Singh, Advocate. 02/ 06.10.2010 Heard learned counsel for the petitioner and learned counsel for the respondent no. 1. 2. This writ petition has been filed merely for quashing of the remarks made against defendant no. 1( petitioner) in the last portion of order dated 07.05.2007 passed by Sub-Judge IInd, Patna in Title Suit NO. 119 of 2006 by which it was observed that “it cannot be denied that it is filed after collusion of the defendant no. 1”. 3. Since the aforesaid remarks had been passed at the initial stage without finally considering the evidence and pleadings of the parties the said remarks are merely prima facie in nature and will be subject to the final result of the suit. 4. With the aforesaid observations, this writ petition is disposed of. Ranjan (S. N Hussain, J.) 2