SATISH KUMAR GUPTA Vs. NARBADESHWAR SAHAY

JUDGEMENT

(1.) AGGRIEVED by order dated 26.08.2010 in Partition Suit No.02 of 2010 whereby, application under Order 1 Rule 10(2) CPC has been allowed, the present writ petition has been filed.

(2.) THE brief facts of the case are that, the father of the respondent no.1 namely, Chandan Lal purchased land comprised in Plot Nos.51 and 53, Khata No.28 admeasuring about 2.89 acres in villageHansa and land in Plot No.162, Khata No.69 in villageHarbhanga in a court auction sale and an absolute sale deed was executed in his favour on 09.09.1944. After the death of his father, the respondent no.1 came in possession of the said land. It is stated that in Insolvency Case No.14 of 1931, the aforesaid land was put in auction sale, which was purchased by the father of the respondent no.1. The respondent no.1 filed Misc. Case No.07 of 200506 against one Dinanath Prasad and Sitaram Sao for cancellation of illegal demand in respect of land in Plot Nos.51 and 53 in Khata No.28 and also in respect of land in Plot No.162 in Khata No.69. In the said case, Rajesh Kumar Gupta filed an application for adding him as party. From the application filed by the said Rajesh Kumar Gupta, the respondent no.1 came to know about Partition Suit No.02 of 2010 and therefore, respondent no.2 filed application dated 09.03.2010 under Order 1 Rule 10(2) CPC for his addition in the pending Partition Suit.

(3.) ON 30.01.2013, when the matter was listed for hearing, notice was issued in the matter and this Court passed an interim order staying the operation of impugned order dated 26.08.2010. Order dated 06.05.2013 indicates that though, the respondent no.1 was validly served no one appeared on his behalf. On 21.01.2015, when the matter was listed before me, a direction was issued to the Registry to ascertain whether the respondents have been duly served or not. The office report dated 03.02.2015 discloses that all the respondents have been validly served and Vakalatnama on behalf of the deceased respondent no.5 and her legal heirs has been filed by Mr. Abdul Wahab, Advocate. Since, the partition suit was filed in the year, 2010 and this Court vide order dated 30.01.2013 stayed the operation of the impugned order, I am not inclined to adjourn the matter further.