S. M. HOMAID OBAIDULLAH Vs. SYED ABUL BARKAT

JUDGEMENT

(1.) Heard the parties.

(2.) This miscellaneous appeal has been filed by the defendant no.8/appellant for setting aside the order dated 04.07.2014 passed in Partition Suit No. 243 of 2010 by learned Sub-Judge, 5th Muzaffarpur by which modification application filed by defendant no.8/appellant pursuant to order dated 24.01.2014 passed by Hon'ble High Court in Miscellaneous Appeal No. 182 of 2013 has been rejected as well as order dated 11.02.2013 passed on injunction petition filed by plaintiff and defendant no.7 to maintain status quo over the suit land during pendency of suit.

(3.) Plaintiff has filed suit for partition of Schedule-I property as detailed in plaint which is ancestral properties of parties and parties are having joint possession and joint ownership over the suit land. Suit land were recorded in the name of Syed Abdul Samad and Syed Abdul Bari having equal shares. Parties are their descendants.