ABDULLAH KHAN Vs. MEENA KHATOON

JUDGEMENT

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

(2.) The petitioner, who was defendant 2nd party before the learned trial court, has challenged the order dtd. 19/5/2017 passed by learned Sub Judge-VII, West Champaran at Bettiah in Title Suit No. 142 of 2011, whereby and whereunder the application filed by the plaintiffs/respondents under Order VI, Rule 17 of the Code of Civil Procedure (hereinafter referred to as 'CPC') has been allowed.

(3.) The case of the parties, as it appears from the record, is that the plaintiffs/respondents have filed Title Suit No. 142 of 2011 for partition to the extent of 3/10th of their share out of Schedule II land and buildings as also to appoint Pleader Commissioner. At the same time, plaintiffs also sought a direction to allow the plaintiffs to avail the right under Sec. 4 of the Partition Act with direction to defendant 2nd party to execute sale deed of conveyance in respect of property to the extent of share of his vendor, defendant no. 1. After the appearance of both sides the evidence was closed and argument has also been concluded. Thereafter, an amendment petition was filed by the plaintiffs on 15/5/2017. A rejoinder to the amendment petition was filed by the defendants. The said petition was allowed by the learned trial court which has been assailed in the instant petition.