(Per: Hon'ble Mr. Justice Vikash Jain)

The instant Letters Patent Appeal ("LPA" for short) has been filed against the decision of the learned Single Judge dated 9.7.2009 passed in C.W.J.C. No. 2757 of 2009, the text of which, as corrected on 17.7.2009 for a typographical mistake, stands as follows -

"After having heard learned counsel for the petitioner and learned counsel representing the respondents it is not understood as to how under Articles 226 and 227 of the Constitution of India this Court can re-open certain issue or order of 1998 passed by a civil court which is not subject matter of challenge. An I.A. has come to be filed only now with a prayer that fraud has been played against the petitioner and that should be the ground that every order passed thereafter should be undone. This Court expresses inability to entertain such a prayer.

The I.A. as well as writ application is dismissed.

Remedy lies before the appropriate court/forum and not before this Court."

2. The brief facts leading up to the present L.PA may be narrated hereafter.

3. As far back as 1967, the appellant's husband, Sri Lakshman Sharma, was allotted Plot No. B-1 in Kankarbagh Colony, Patna. The adjacent P