SUNANDA SINGH Vs. SONI SHAHI

JUDGEMENT

(1.) Re.: Interlocutory Application No. 01 of 2019 : This Interlocutory Application has been filed for condonation of delay in filing the present Miscellaneous Application on the ground that the original petitioner inadvertently filed Second Appeal No. 471 of 2018 before this Court challenging the impugned judgment dtd. 13/8/2018 passed by the learned 13th Additional District Judge, Muzaffarpur in Miscellaneous Appeal No. 01 of 2018 whereby order dtd. 4/1/2018 passed in Miscellaneous Case No. 08 of 2016 was affirmed.

(2.) This Civil Miscellaneous Application has been filed under Article 227 of the Constitution of India against the judgment dtd. 13/8/2018 passed by the learned Additional District Judge-13th, Muzaffarpur in Miscellaneous Appeal No. 01 of 2018 whereby the order dtd. 4/1/2018 passed in Miscellaneous Case No. 08 of 2016 by learned Sub-ordinate Judge- 1st, Muzaffarpur (West) in Miscellaneous Case No. 08 of 2016 filed under Sec. 22 of Hindu Succession Act, 1956 (hereinafter referred to as 'the Act'), was affirmed under which Miscellaneous Case was rejected invoking Order VII Rule 11 (a) as well (d) of the C.P.C.

(3.) The original petitioner (now substituted by his heirs / legal representatives on his death) filed a Miscellaneous Case No. 08 of 2016 under Sec. 22 of the Act in the Court of learned Sub Judge-1st , Muzaffarpur for a decree for preferential right to acquire suit property in favour of the petitioner and for direction to respondent No. 1 to execute sale deed in favour of the petitioner.