IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.492 of 2011 IN C.W.J.C. No. 15338 of 2010 With I.A. No. 2201 of 2011 ==================================================== Ashok Kumar Jha, S/o Late Ayodhya Jha, R/o Village- Balia, P.S.- Benipatti, District-Madhubani. …… Petitioner/Appellant Versus Vijay Kumar Mishra, S/o Sri Jata Shankar Mishra, R/o Village-Baiyalpur Arer, P.S.-Arer, District-Madhubani. … Respondent/ Respondent ==================================================== APPEARANCE : For the Appellant: Mr. Rajeev Roy, Advocate. ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 18.03.2011 Re. Interlocutory Application No. 2201 of 2011: This application under section 5 of the Limitation Act is filed by the appellant for condonation of delay of 56 days occurred in filing the Letters Patent Appeal. On the facts and in the circumstances of the case, the delay is condoned. Interlocutory Application stands disposed of. Re. Letters Patent Appeal No. 492 of 2011: This Appeal preferred under clause 10 of the Letters Patent arises from the judgment and order dated 6th December 2010 passed by the learned single Judge in above C.W.J.C. No. 15338 of 2010. The matter arises from Title Suit No. 106 of 2004 pending before the learned Sub Judge-II, Madhubani. 2 The learned single Judge has refused to interfere in the pending suit. So do we. The impugned order made by the learned trial court is a discretionary order. We need not interfere with the discretion exercised by the learned trial court. No case for interference is made out. The Appeal is dismissed in limine. Sujit (R.M. Doshit, CJ.) (Jyoti Saran, J.)