VIDYA DHAR PANDEY Vs. APNOHA KUER

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioners have been substituted in place of the sole plaintiff Sanjhari Kuer (who died on 28.5.2000) on the basis of the petition filed by Defendant No. 7 vide order dated 5.1.2002 passed in Title Suit No. 46/1972 (87/1973) which was filed by the deceased sole plaintiff for partition of the suit property in which a preliminary decree of partition had already been prepared and the matter was pending for preparation of the final decree.

(3.) the petitioners are aggrieved by order dated 3.10.2002 passed in the aforesaid suit by which the learned Sub-Judge-1, Bhabua, allowed the petition filed by O.P. No. 1 under the provision of Order XXII Rule 5, CPC and stayed the operation of order dated 5.1.2002 till the disposal of the enquiry for determining the legal representative of the deceased sole plaintiff.