ANUP KUMAR Vs. NARAIN PRASAD

JUDGEMENT

(1.) I Have heard learned Senior Counsel Mr. Raghib Ahasan on behalf of the Petitioners and Mr. S.S. Dvivedi, learned Senior Counsel on behalf of the Respondents in admission matter. This writ application is disposed of at the admission stage itself.

(2.) The Plaintiffs Petitioners have filed this application under Article 227 of the Constitution of India challenging the order dated 11.5.2011 as contained in Annexure-1 passed by Sub-Judge-4th, Gopalganj in Title Suit No. 494 of 2006 whereby the learned court below rejected the amendment of the plaint.

(3.) The Plaintiffs filed Title Suit No. 494 of 2006 claiming for partition of half share in the suit property. The Defendants, 2nd set filed contesting written statement alleging that the suit is not maintainable and the Plaintiffs and Defendant 1st set never remained in possession of the suit property since the year 1911. These Defendants perfected their title and they have made construction over the same.