DINESH PRASAD SINHA Vs. SHIV NATH YADAV

JUDGEMENT

(1.) Heard the parties.

(2.) This miscellaneous appeal has been filed against the order dated 04.04.2010 passed in Miscellaneous Case No.2/2012 by the District Judge, Buxar dismissing the petition under Section 192 of the Indian Succession Act on the ground that although applicants/appellants are in possession over the land but since there is no dispute of title of the applicant with regard to the property which they inherited by succession as such, no miscellaneous case under Section 192 of Succession Act is maintainable and dismissed petition in limine.

(3.) Appellant filed a petition dated 12.11.2012 in the court of District Judge under Section 192 of Succession Act giving rise to Miscellaneous Case No.02/2012 stating therein that they have exclusive right, title, interest and possession over the land detailed in Schedule I of petition. Shyam Bihari Patna High Court MA No.389 of 2014 dt.08-07-2019 Lal was the grandfather of applicants/appellants who had one son, Dharmnath Sahay who died leaving behind applicant and his five brothers who are joint owner and have joint possession over the land.