RAJENDRA NARAIN SINGH Vs. BIRENDRA NARAIN SINGH

JUDGEMENT

(1.) The present review petition has been filed seeking review of the judgment dated 10.02.2017 passed in CWJC No. 3816 of 2013.

(2.) The petitioner herein had filed a writ petition under Article 227 of the Constitution of India bearing CWJC No. 3816 of 2013 questioning the legal sustainability of the order dated 28.01.2013 passed in Title (Partition ) Suit No. 11 of 1983 by which the learned court below has allowed the prayer of defendant no. 5 namely Hari Kishore Singh, opposite party no. 3 in the present review petition, for appointment of Survey Knowing Pleader Commissioner for carving out the share allotted to him in the preliminary decree.

(3.) Shorn of the details, it would suffice to state that the plaintiff-petitioner herein had filed a suit in the year 1983 bearing Title Suit No. 11 of 1983 against his father namely Shashi Shekhar Prasad Sinha (defendant no. 1), mother Smt. Krishna Kumari Devi (defendant no. 2), brother Birendra Narain Singh (defendant no. 3) and two purchasers namely, Omkar Nath (defendant no. 4) and Hari Kishore Singh (defendant no. 5), apart from Patliputra Cooperative Society having been made defendant no. 6 to the said suit. The said suit was filed for declaring that transfer of Schedule-II & III property by defendant no. 1 to defendant nos. 4 & 5 are illegal and not binding on the plaintiffs as also for cancellation of the respective sale deeds. The plaintiff-petitioner had also claimed for partition of the suit property for a share in the suit property as contained in Schedule-I to the plaint. In the said Title Suit No. 11 of 1983, filed before the learned Sub-Judge-II, Patna, a compromise petition was filed on 30.09.1983 by the parties and, accordingly, in terms of the compromise arrived at between the parties the learned Court of Additional Subordinate Judge-VIII, Patna had decreed the suit by a judgment dated 07.01.1985, relevant portion is reproduced herein below:-