RAM KUMAR SAO Vs. BANDHU SAO

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners and learned counsel appearing for the sole opposite party.

(2.) This petition has been filed under Article 227 of the Constitution of India for quashing of the order dtd. 12/10/2023 passed by learned Munsif, Chatra, in O.S. No.176 of 2018 whereby the petition filed under Order VI Rule 17 read with Sec. 151 of CPC for amendment in written statement has been dismissed by the learned Court.

(3.) Mr. Arun Kumar, learned counsel appearing for the petitioners submits that the plaintiff instituted O.S. No.176 of 2018 for declaration and confirmation of possession over the suit land and for restraining the defendants from interfering with the possession of the plaintiff and if the plaintiff is found dispossessed from any portion of the suit land during the pendency of the suit, Khas possession be given to the plaintiff, after evicting defendants therefrom. The prayer in the suit is also made that the sale deed No.4650 dtd. 7/9/2015, sale deed No.3442 dtd. 14/10/2016 and sale deed No.2226 dtd. 25/6/1969 are void, illegal, in operative and void ab initio as well as same is not binding upon the plaintiff with regard to Khata No.26, under Khewat No.2/2, total plot No.25, total area 6.43 acres, Khata No.88, under Khewat No.2/4, total plots ' 18, total area 4.41 acres, Khata No.19 under Khewat No.2/1, total plots ' 4, and total measuring area 4.65 acres of village ' Jabara, PS ' Simaria, PS No.105, Pragana ' Goriya.