SMT. NOOTAN MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned senior counsel Mr. Rajeev Kumar Verma for the petitioners, learned counsel Dr. Manoj Kumar for the respondent no.7, learned counsel Mr. Manish Kumar for the respondent no.4 and learned A.C. to A.A.G.2 for the State.

(2.) This application under Article 227 of the Constitution of India has been filed by the petitioners against the order dated 22.06.2010 passed by the learned Subordinate Judge-VI, Bhagalpur in Miscellaneous Case No.11 of 2000.

(3.) It appears that Partition Suit No.186 of 1984 was filed by the plaintiff-respondent claiming ? share in the property. This suit was decreed on the basis of compromise on 31.07.1996. After compromise decree some of the defendants filed Miscellaneous Case No.13 of 1996 under Order XXIII Rule 3 of the Code of Civil Procedure for setting aside the compromise decree on the ground that the compromise decree has been obtained fraudulently. In the said miscellaneous case injunction application was filed which was rejected by the court concerned. Against the said order rejecting injunction application, civil revision was filed before the High Court being Civil Revision No.935 of 1999. In the said civil revision application on 01.07.1999 interim order was passed directing the parties to maintain status quo. Ultimately the said civil revision application was disposed of by terms of order dated 16.10.2000 directing again the parties to maintain status quo during the pendency of the miscellaneous case. The said miscellaneous case was disposed of by the court below on 07.06.2002 whereby the miscellaneous case was dismissed. Against the said miscellaneous case, civil revision was filed before the High Court being Civil Revision No.945 of 2002 which was allowed by this court but the Hon'ble Supreme Court in Civil Appeal No.2728 of 2006 and other analogous cases, set aside the order passed by this court in civil revision and upheld the order passed by the trial court dismissing the miscellaneous case.