SATYANARAYAN SAHAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for setting aside the order dated 23.05.2008 passed by the Sub-Judge-III, Jhanjharpur in Miscellaneous Case No. 28 of 1993/ 8 of 1993, whereby and whereunder the respondent second set has been permitted to withdraw the said miscellaneous case.

(2.) The brief facts of the case are that a Partition Suit bearing No. 258/403 of 1970/1973 was filed by the petitioner no. 1 herein before the learned Court of Subordinate Judge, Darbhanga, which was later on transferred to Madhubani and a final decree was passed on 20.01.1984. Thereafter, an execution case bearing Execution Case No. 9 of 1986 was filed for the purposes of executing the said final decree and the delivery of possession was given to the petitioners on 20.07.1993. It is the case of the petitioners that after the aforesaid partition and delivery of possession given to the petitioners by the Court in Execution Case No. 9 of 1986, the petitioners have been continuing in peaceful possession of the land in question as exclusive owners thereof. After delivery of possession having been effected, the respondents second set filed Miscellaneous Case under Order 21 Rule 100 of the Code of Civil Procedure, 1908 which was numbered as 28 of 1993/8 of 1993, claiming title on the aforesaid land in question.

(3.) It is the contention of the petitioner that the respondents second set are strangers. The petitioners had filed rejoinder to the said miscellaneous case, filed by the respondents second set. The petitioners herein had then filed a petition for injunction in the said miscellaneous case since the respondents second set had tried to forcefully dispossess the petitioner. Thereafter, an order dated 25.11.2004 was passed by the learned Sub-Judge-II, Jhanjharpur in the said Miscellaneous Case No. 28 of 1993/8 of 1993, allowing the petition filed by the petitioners herein dated 23.12.2002 under Order 39 Rule 1 and 2 C.P.C. to a limited extent by directing the respondents second set and his purchasers to maintain status quo of the disputed land which is subject matter of the said miscellaneous case.