SANJAY KUMAR SINGH Vs. BISHRAM SHARMA

JUDGEMENT

(1.) Feeling aggrieved by the common judgment and order dated 23rd August, 2011 passed by the learned Single Judge insofar as C.W.J.C. No. 803 of 2011 filed by the present appellant has been rejected, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent.

(2.) A preliminary question arises whether the appeal under Clause 10 of the Letters Patent would lie.

(3.) The matter at dispute is a plot of land. The disputed plot of land had been sold in Court auction in execution of a decree to the respondent no. 2, one Narendra Pratap Singh. The respondent no. 1, Bishram Sharma has instituted Title Suit No. 444 of 2006 in the Court of Sub-Judge-IV, Patna to challenge the decree passed by the trial court and also the sale of the suit land in execution of the decree. In the said suit the appellant has joined as defendant no. 7 and has lodged a counter-claim. The appellant claims title to the suit land through the Will made by the original owner one Brahmdeo Sinha, late grandfather of the appellant. Pending the suit the plaintiff filed application for interim injunction which came to be rejected by the trial court. The order of the trial court was confirmed by the lower appellate court. The said order has been confirmed by the learned Single Judge in C.W.J.C. No. 12647 of 2011.