BASMATI DEVI Vs. ANJU KUMARI

JUDGEMENT

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

(2.) The petitioner is challenging the order dated 9th December, 2011 passed in T.S. No. 374 of 2011 by which the court below has rejected the petition filed by her challenging the jurisdiction of the civil court to proceed with the matter on the ground that earlier the same issue was raised under Bihar Land Disputes Resolution Act, 2009 (hereinafter, in short, referred to as the 'BLDR Act') which was disallowed and at the same time, the court below by the same order has allowed the petition filed by the respondents and appointed an Advocate Commissioner to find out the physical feature of the disputed land.

(3.) The defendant is the petitioner and the respondents 1st set is the plaintiff in the court below. A suit has been filed vide T.S. No. 374 of 2011 in which the plaintiff had claimed title interest and possession over the land in question on, the basis of a sale-deed executed in his favour on 3rd June, 2005 whereas the defendant has claimed title on the basis of sale deed executed on 29th February, 1992.