IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.904 of 2011 In Civil Writ Jurisdiction Case No. 15942 of 2010 ====================================================== 1. Suresh Prasad , son of Ramashish Prasad @ Ramashish Prasad Sinha, at present residing at Saket Vihar, Dr. Ambedkar Path, P.S. Shastri Nagar, P.O.- Patna Veterinary College, District- Patna. 2. Abhishek Kumar 3. Chottu @ Rohit Kumar. Both sons of Suresh Prasad. Both residing at Saket Vihar, Dr. Ambedkar Path, P.O.- Patna Veterinary college, P.S. Shastri Nagar, District-Patna. .... .... Appellant/s Versus 1. Ramashish Prasad Sinha , son of Late Kedar Nath Prasad, resident of village- Koranjha, P.O. and P.S. Naubatpur, District-Patna. 2. Umesh Prasad, son of Ramashish Prasad Sinha, residing at Saket Vihar, Dr. Ambedkar Path, P.S. Shastri Nagar, P.O. Patna Veterinary College. 3. Smt. Gayatri Devi married daughter of Ramashish Prasad Sinha and wife of Sri Bijay Kumar, residing at present in Mohalla- Khagaul, P.S. Khagaul, District-Patna. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ram Niwas Prasad For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 5 26-07-2011 This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioners against the judgment and order dated 7th April 2011 passed by the learned single judge in above C.W.J.C. No.15942 of 2010. The appellants are the defendants in Title (Partition) Suit Patna High Court LPA No.904 of 2011 (5) dt.26-07-2011 2 No. 464 of 2000 pending before the learned Sub-Judge-X, Patna. The appellants filed application in pending title suit for hearing on the issue of the maintainability of the suit as preliminary issue. The said application has been decided in favour of the plaintiffs and against the defendants- appellants. Feeling aggrieved, the appellants filed the above C.W.J.C. No. 15944 of 2010 under Article 227 of the Constitution of India. The learned single judge rejected the writ petition. Therefore, the present appeal. Evidently, the learned single judge has exercised power of superintendence conferred by Article 227 of the Constitution. The intra court appeal against the order of the learned single judge would not lie. The Appeal is dismissed in limine. BTiwary/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)