SATYENDRA PRASAD Vs. UMESH PRASAD @ UMESH KUMAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the respondents.

(2.) The intervenor petitioners have challenged the order dated 2nd August 2011 by which the court below refused the to impaled as party in Title Suit (Partition) No. 10/11/160/05.

(3.) The intervenor petitioners are claiming their lineage from Munshi Mahto. Munshi Mahto had five sons, namely, Ram Prasad, Subbu Mahto, Sheonath Mahto, Parmeshwar Mahto and Raghu Mahto. Ram Prasad was the eldest son having four sons and one daughter, namely, Umesh Kumar, Madhup Kumar, Anil Kumar, Santosh Kumar and daughters Srimati Devi and Rinha Devi. It appears from the record that there are some purchases by Ram Prasad during the period 1964,1965. Umesh Kumar son of Ram Prasad filed Title suit against his brother Madhup Kumar, Anil Kumar, Santosh Kumar, The intervenor petitioners are claiming that the land in dispute was purchased as joint family property by Ram Prasad and they do have a right over the said property and on the basis of their claim they have filed an application to be impeded them as party to the suit. The court below refused to implead them as party which is under challenge.