BANDANA DEVI Vs. TARA DEVI

JUDGEMENT

(1.) Heard learned counsels for the respective parties on the point of admission and I intend to dispose of the instant petition at the stage of admission itself.

(2.) The instant petition has been filed by the petitioner under Article 227 of the Constitution of India for the following reliefs :

(3.) The respondent nos. 1 and 2 (original plaintiffs-respondents) filed Title Suit No.133/2010 for declaration that the suit land is purchased land of the plaintiffs and possession of the defendants is wrong and illegal. The plaintiffs also prayed for recovery of possession in respect of suit land as mentioned in Schedule B (Lot I and II) of the plaint. Vide judgment dtd. 10/3/2017, the learned Sub Judge, Dhamdaha, Purnea in Title Suit No.133/2010 allowed the said suit and passed the decree accordingly. Being aggrieved, the defendant no.1/petitioner herein preferred Title Appeal No.21/2017 which is pending adjudication before the learned Additional District Judge-VIII, Purnea. On 19/11/2019, the appellant/petitioner preferred an application for framing of additional issue i.e. 'Whether the Plaintiff No. 1 after purchase of the land in suit through Sale Deed dtd. 1/7/2009, came in possession over the land in suit and while she was in possession, the Defendant No.1 dispossessed her from the suit land on 10/9/2010 mentioned Schedule B of the plaint?. The said application was rejected vide the impugned order dtd. 12/2/2020.