KEDAR YADAV Vs. BISHWANATH PRASAD JHUN JHUNWALA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant Civil Miscellaneous Application under Article 227 of the Constitution of India has been filed against the order dtd. 10/3/2021 passed by learned Sub-Judge 1st, Bettiah in Title Suit No. 253 of 2011 whereby the petition dtd. 21/9/2019 filed by the petitioners for their transposition in the suit as plaintiffs has been declined.

(3.) The brief facts of the case are that plaintiff / respondent 1st set filed Partition Suit No. 253 of 2011 in the Court of learned Sub-Judge 1st, Bettiah seeking relief for passing preliminary and final decree for 3/10th share of the plaintiff in Schedule II land as detailed in plaint which includes four Bighas, four Kathas, three Dhoor land of village Banucchapar and 16 Bighas, three Kathas, 17 Dhoor of lands of village Puraina and put the plaintiff in possession of share of properties through the process of the Court. The plaintiff further sought relief for grant of permanent injunction, ad-interim and temporary against defendant No. 5, namely, Navin Kumar Agrawal who is son of Ram Sakhi Devi, deceased sister of plaintiff from execution of 9 sale deeds and further to restrain district Sub-Registrar, Betiah from registering the document filed before him by defendant 2nd set till disposal of the suit. The case of the plaintiff is that defendant No. 5 is legally entitled to 1/100th share only but Defendant second party (Defendant Nos. 9 to 19) got prepared about nine sale deeds from defendant No. 5 under the influence of liquors for almost four Bighas land of village Banuchappar beyond his share which are not liable to be registered by District Sub-Registrar, Betiah.