RAY AJAY SHANKER PRASAD SON OF LATE RAY RAJESHWAR PRASAD Vs. SRI BHUPENDRA KAPRI SON OF HARL MOHAN KAPRI

JUDGEMENT

(1.) THIS application under Section 115 of the Code of Civil Procedure has been filed jointly by the plaintiff and defendant nos. 1 to 5 of, Title Suit No. 84 of 1997 questioning the legality and bona fide of the order dated 12.4.2007 passed in the said suit by Sri A.K. Verma, Subordinate Judge -ll, Munger, whereby he has refused to accept the joint compromise petition filed by the plaintiff and defendant nos. 1 to 5 of the suit and dispose of the same in terms of the compromise.

(2.) IT appears that the plaintiff filed the aforesaid suit for partition of the joint family properties against his five brothers who were defendant nos. 1 to 5 in the suit and are petitioner nos. 2 to 6 herein. As per the case of the plaintiff -petitioner no. 1, their father late Ray Rajeshwar Prasad had acquired from his personal funds an area of 3 bighas and 15 kathas of homestead leasehold Khas Mahal land appertaining to khata no. 36, plot nos. 148 and 149 with a pucca house situated there upon through a registered sale deed dated 4.10.1950 executed by the vendor. The said Ray Rajeshwar Prasad died on 25.1.1983 and his wife expired on 4.3.1989 and following their deaths the plaintiff and defendant nos. 1 to 5 came in joint possession of the lands detailed in Schedule - II of the plaint meaning thereby 3 bighas and 15 kathas of lands. It is the further case of the plaintiff that defendant no. 1, the petitioner no. 2 herein, had transferred an area of 10 kathas of land including the house standing thereupon out of his share in the said area of 3 bighas and 15 kathas of land to one Bhupendra Prasad Kapri, the sole opposite party herein, and as such an area of 10 kathas land may be allotted to the share of defendant no. 1 - petitioner no. 2 herein, in the final decree that may be passed. It is said that in view of the difficulties faced by the brothers due to the increase in the family membership of the parties and because of other reasons, plaintiff - petitioner no. 1 had made a request to his brothers to partition the joint suit property but they were adjourning the matter. It appears that during the pendency of the suit defendant nos. 4 and 5 who are petitioner nos. 5 and 6 herein, filed a petition before the court for adding Bhupendra Prasad Kapri as Defendant No. 6 to the suit in view of the fact that he had purchased lands from defendant no. 1 (petitioner no. 2 herein).

(3.) IT appears that defendant no. 1 - petitioner no. 2 herein, filed a written statement admitting the fact that he had sold 10 kathas of land with house standing thereupon out of his share of joint family property to Bhupendra Prasad Kapri who is defendant no. 6 -0.P. herein and that he had also negotiated with him to sell two more kathas of land from his share out of the suit property.