MAHENDRA PRASAD Vs. UMA SHANKAR PRASAD

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Miscellaneous Application has been filed under Article 227 of the Constitution of India against the order dtd. 22/6/2017 passed by the learned District Judge Muzaffarpur in Miscellaneous Appeal No. 10 of 2016 whereby and whereunder the learned District Judge has dismissed the Miscellaneous Appeal filed by the petitioner against the order dtd. 1/10/2016 passed by the learned Munsif, West, Muzaffarpur, in Title Suit No. 49 of 2016 by which he has directed both parties to maintain 'status quo' over the suit land till further order.

(3.) Brief facts of the case are that the plaintiff / respondent No. 1 had filed Title Suit No. 49 of 2016 in the Court of learned Munsif, West, Muzaffarpur for pre-emption with respect to the suit property stating that the disputed land is a portion of ancestral dwelling house of plaintiff. In the partition, 17 decimal of RSP No. 878 was allotted to Sukhdeo Sah, father of the plaintiff in two blocks of 8 1/2 decimal each. After death of his father, the land allotted to his branch became subject matter of partition Suit No. 142/93 which is pending. Despite the pending of said title suit, the sister of plaintiff who is respondent No. 2 has sold an area of 14 dhur out of the homestead plot bearing RSP No. 878 to a stranger i.e. petitioner / defendant No. 1. It is claimed by the plaintiff that the said sale of suit land by defendant No.2 / respondent No. 2 who is the sister of plaintiff is without any knowledge and consent of the plaintiff, hence he filed the suit of pre-emption to get back his land on same consideration.