YAMUNA YADAV Vs. PARAS YADAV

JUDGEMENT

(1.) HEARD Sri Sanjay Kr. Ghosarvey for the petitioners and Sri Mukteshwar Singh for opposite party.

(2.) THIS civil revision application is directed against the order dt. 5.7.03 passed by the Munsif II, Buxar in Title suit no. 96/02 by which the court below has refused to direct the police force to remove encroachment from the land in dispute to ensure passage of accumulated water from the village drain, as according to the court below the water logging in the vicinity continued from before the passing of the status quo order dt. 21.11.02 (annexure 1).

(3.) LEARNED counsel for the opposite party refuted the aforesaid contention and submitted that opposite party nos. 1 and 2 are in possession of the land since before and they have not encroached any portion of Gairmajarua Aam land. He further submitted that the suit itself is not maintainable for the failure of the plaintiffs to implead State of Bihar as party -defendant.