BHAIYA ASHOK KUMAR Vs. BHAIYA GURU SHARAN

JUDGEMENT

(1.) Heard learned counsel for the petitioners.

(2.) Brief facts of the instant case are being referred to hereunder in order to deal with the question raised by the writ petitioners while seeking quashing of the order dated 23.12.2013 passed by the learned Civil Judge-II, Sr. Division, Hazaribag in Misc. Case No. 04 of 2009, Annexure-3 whereby the petition filed by the opposite parties/petitioners herein on the maintainability of the Miscellaneous Case filed under Order 22, Rule 9 of the Code of Civil Procedure has been rejected.

(3.) Plaintiffs filed Title Suit No. 128 of 1981 before Munsif, Hazaribag seeking a declaration that decree passed in Title Suit No. 07 of 1976 by learned Munsif, Hazaribag on 11.08.1977 is null and void and fit to be set aside; for grant of permanent injunction restraining the defendant nos. 1, 2 and 7 from proceeding with the Execution Case No. 21 of 1981 pending in the Court of Munsif, Hazaribag and further to order that defendant nos. 1, 2 and 7 to be evicted from the suit premises; plaintiffs be put in khas possession of the same. After filing of the written statement vide order dated 16.01.2009 (Annexure-4 to the supplementary affidavit of the petitioner), the suit was dismissed as abated on the following grounds:-