LAWS(PAT)-2023-8-13

DEVENDRA KUMAR SRIVASATAVA Vs. PRABHAT KUMAR SRIVASTAVA

Decided On August 08, 2023
Devendra Kumar Srivasatava Appellant
V/S
Prabhat Kumar Srivastava Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Miscellaneous Application is directed against the order dtd. 2/4/2019 passed by learned Sub Judge-1, Siwan, in Title (Partition) Suit No. 151 of 2019 by which he has admitted the said Title Suit filed by the plaintiff for partition of the properties.

(3.) The brief facts of the case are that father of the plaintiff namely Late Radha Prasad had earlier filed the Title (Partition) Suit No. 151 of 1991 in the Court of learned Sub-Judge, Siwan for partition of joint properties and by order of this Court dtd. 17/7/1997 in M.J.C. No. 746 of 1992 proceeding of the said Title (Partition) Suit No. 151 of 1991 was transferred to Civil Court, Patna where it proceeded in the Court of Sub-Judge, Patna. The Civil Review No. 175 of 1997 was filed against the judgment dtd. 17/7/1997 passed in M.J.C. No. 746 of 1992 which was dismissed by this Court vide order dtd. 25/1/2002 passed in Civil Review No. 175 of 1997 with cost of Rs.2500.00.