KAMMINI DEVI Vs. RAM BALAK PRASAD

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner is aggrieved by the order dtd. 11/5/2023 passed by learned Sub Judge, Teghra in Title Suit No. 188 of 2013 whereby and whereunder the application filed by the plaintiff/respondent no. 1 on 2/3/2022 under Order 26 Rule 10 & 10-A and under Sec. 151 of the Code of Civil Procedure (in short "the Code") has been allowed.

(3.) Learned counsel for the petitioner submits that the plaintiff/respondent no.1 has filed the Title Suit bearing no. 188 of 2013 in the Court of learned Sub Judge, Begusarai against the defendant/petitioner and two others for the relief regarding declaration of bona fide right, title and interest of the plaintiff/ respondent's joint family over Schedule II land comprised in Khata No. 326, Plot Nos. 425, 426, 427, 428, 429, 430, 431, 433 Milzumla area 1 bigha 13 katha out of Schedule 1 land comprised in Khata No. 326, Plot Nos. 425, 426, 427, 428, 429, 430, 431, 433, area 9 bigha 12 katha 9 dhurs. Defendant appeared and filed written statement contesting the claim of the plaintiff. Plaintiff/respondent no. 1 filed a petition on 2/3/2022 under Order 26 Rule 10 and 10-A and under Sec. 151 of the Code for appointment of Survey Knowing Pleader Commissioner for measurement of land as to whether 9 bigha 12 katha 9 dhurs is one block or not and any other point raised by the plaintiff/respondent no. 1. Learned trial court allowed the said application which is under challenge before this Court.