(1.) The present petition has been filed by the petitioner for quashing the order dtd. 16/12/2023 passed in Misc. Appeal No. 37/2022 by the learned Additional District Judge-8th, Bhojpur at Ara dismissing the appeal and affirming the order dtd. 27/5/2022 passed by the learned Sub Judge- 8th, Bhojpur at Ara in Title Partition Suit No.531/2013 whereby and whereunder the petitioner has been ordered to demolish all constructions from the disputed land within three months from the date of order, failing which the District Magistrate, Bhojpur at Ara was directed to remove any construction and make the land clear at the cost of the petitioner and also to attach any property lying on the land.
(2.) Briefly stated the facts leading to filing of the present case are that respondent no.1 instituted Title Partition Suit No. 531/2013 against his co-sharers claiming 1/12th share in the property mentioned in Schedule-2 of the plaint. The suit land measures about 14 acres. The relevant land appertains to Khata No. 152, Plot No. 360 in village-Paiga, P.S.-Barhara, District-Bhojpur and its total area is said to be 76 decimals. Admittedly, respondent nos. 4 and 5, who are the brothers of the respondent no.1 are also entitled to 1/12th share in the entire property measuring about 14 acres. The respondent nos. 4 and 5 are defendant nos. 3 and 4 before the learned trial court.
(3.) It further transpires that the ex-parte injunction order over the suit property was passed by the learned trial court. The defendant nos. 3 and 4/respondent nos. 4 and 5 executed two registered sale deeds dtd. 1/3/2017 and 22/11/2017, respectively in favour of the petitioner in respect of 16.88 decimals of land during the pendency of the partition suit. The petitioner, after purchase of the land, constructed her house and shops on the land which was completed before 1/5/2019, the date at which she was directed to stop construction which, however, was vacated in terms of order dtd. 20/5/2019.
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