MAHADEO PRASAD Vs. GIRWARDHARI PRASAD

JUDGEMENT

(1.) The petitioners, who are defendants in Title Suit No.16 of 2009, are aggrieved of order dated 26.08.2016 passed in Miscellaneous Appeal No. 03 of 2010 by which challenge to order dated 31.05.2010 passed in Title Suit No.16 of 2009 has been rejected.

(2.) Title Suit No. 16 of 2009 has been instituted for a decree for declaration of title and restoration of possession. In Title Suit No. 16 of 2009, order dated 25.07.2006 passed in Case No. 39 of 2001 by the Sub-Divisional Magistrate, Koderma has been assailed. Initially, proceeding under Section 144 Cr.P.C was started which was subsequently converted into a proceeding under Section 147 Cr.P.C. The matter thereafter came before the District and Sessions Judge, Koderma in Criminal Revision No. 25 of 2007. In the Title Suit, application under Order XXXIX Rule 1 and 2 CPC was filed by the plaintiff. This application has been allowed by the trial Judge holding that the plaintiff has a prima-facie case, who has disclosed his possession over the suit land and thus the balance of convenience lies in his favour.

(3.) Viewed thus and for the reasons indicated hereinabove, finding no merit in the writ petition it is dismissed.