TONU MANDAL Vs. MD. JAMAL

JUDGEMENT

(1.) The petitioner is defendant No. 1 in Title Suit No. 367 of 2009. An order, dated 28.01.2016, passed by the learned Sub-Judge-VIIth, Kahalgaon, Bhagalpur, in the aforesaid suit, is being impugned in the present proceeding, whereby, an application filed by the petitioner, dated 12.02.2014, has been rejected.

(2.) I have heard Mr. Jitendra Kishore Verma, learned counsel, appearing on behalf of the petitioner, and Mr. Sharda Nand Mishra, learned counsel representing the respondents.

(3.) To appreciate the controversy involved in the present case, certain facts are to be briefly taken note of. The said Title Suit No. 367 of 2009 has been filed by the respondent 1 st set for declaration of their title as owners of the suit land as also for a declaration that recent survey entry of the suit land in the name of persons other than the plaintiffs are wrong and incorrect. The plaintiffs also sought a declaration that the defendant 1 st party (including the present petitioner) and 3rd party did not have any right, title and interest over the suit land.