YOGENDRA KUMAR SRIVASTAVA Vs. CHITRANJAN KUMAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner 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- defendant challenging the order dtd. 21/1/2017 passed by the learned Civil Judge, Senior Division (Sub Judge)-X, Gopalganj in Title Suit No.596 of 2007 whereby and whereunder the petition dtd. 30/8/2016 filed by the petitioner-defendant under Sec. 19 of the Code of Civil Procedure (hereinafter referred to as 'CPC') was rejected with cost of Rs.1500.00.

(3.) The case of the petitioner-defendant as it appears from the records is that the petitioner-defendant filed the petition dtd. 30/8/2016 contending that a five room house was constructed by the defendant no.1 on 1 Katha land of Plot No.533, Khata No.65 under Mauza-Neharua Khurd, Circle- Panchdewari, P.S.-Kateya, District-Gopalganj and Khesra No.407, Area 6 Katha 14 Dhur under the said Mauza was left vacant, but the said house of the defendants was demolished by the plaintiffs through Banwari Mishra and some illegal constructions were carried out on Plot No.407. It was further contention of the petitioner that at the time of demolition, the said land was sub-judice and compensation of Rs.5.00 lacs was claimed under Sec. 19 CPC. The contention of the petitioner- defendant was not accepted by the learned trial court which rejected the petition imposing a cost of Rs.1500.00 upon the petitioner-defendant. Aggrieved by the said order of the learned trial court, the petitioner-defendant has filed the instant petition.