IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20477 of 2011 Nand Kishor Prasad Versus Asharfi Lal Jaiswal & Anr ---------------------------------- 02. 24.11.2011 Heard the learned counsel for the petitioner. This application under Article 227 of the Constitution of India has been filed challenging the order dated 07.09.2011 passed by Sub Judge I, Bettiah, West Champaran in eviction suit no.57 of 2007 whereby the learned Court below rejected the application filed by the defendant-petitioner under Section 10 of the C.P.C. for staying the eviction suit on the ground that partition suit has been filed by the petitioner. From perusal of the impugned order, it appears that the learned Court below considered that the issues which are involved in partition suit is neither directly and substantially in issue in the present eviction suit nor the finding in the partition suit will operate as res-judicata in eviction suit. The learned Court below also recorded a finding that the entire suit property of partition suit is not the subject matter of this eviction suit. In view of the above finding recorded by the learned Court below, I do not find any reason to interfere in supervisory jurisdiction under Article 227 of the Constitution of India. Accordingly, this writ application is dismissed. Saurabh (Mungeshwar Sahoo,J.)