1. Heard learned counsel for the parties.

2. The petitioner has filed this Revision application against the order dated 24.6.2006 in IPS. No. 84 of 59 passed by Sub-Judge-VI Patna by which the application dated 25.8.2003 filed by the defendant no. 3/petitioner for carving out a separate Takhta of the petitioners share in the suit property has been rejected.

3. Short fact leading to the present matter are that Bibi Fatma and Khursheed Fatma who are now represented by their heirs and successors as Opposite Parties Nos. 1 to 12 filed the aforesaid Title Suit against their brother S.M. Aftab Ahmad for partition of their moiety share in the suit property consisting of agricultural land situated at village Mojipur and houses at village-Bahpura and Patna.

4. By judgment and decree dated 9.8.1971, the Addl. Subordinate Judge-IV, Patna decreed the suit holding that the plaintiffs were entitled to half share in the suit property. During the pendency of the suit, S.M. Aftab Ahmad died on 2.11.1967 and his heirs namely S.M. Shamim Ahmad and S.M. Mahtab Ahmad as also his widow Sayeda Khatoon were substituted as defendant Nos. 1, 3 and 2 respectively. All the said heirs jointly filed an