1. The petitioner has prayed for quashing of the order and award dated 31.5.2008, passed by the Special/Permanent Lok Adalat, Gaya in Partition suit no.194 of 2007 as well as order dated 13.11.2009, passed by the same court in Pre-Litigation Case No.82 of 2008, rejecting his petition for setting aside the said award.

2. Before I take the grounds of challenge raised by the petitioner, it would be necessary to notice the facts of the case in brief:

(i) The petitioner is plaintiff of Title Suit no.194 of 2007 filed in court of Sub-Judge, Gaya, in which respondent no.2 (Vishwanath Kumar) and respondent no.3 (Smt. Sarswati Devi) were defendant nos. 1 and 2 respectively. The petitioner Shambhoo Nath and respondent no.2 Vishwanath Prasad are own sons of Smt. Sarswati Devi, defendant no.2/respondent no.3.

3. The plaintiff-petitioner prayed for the following reliefs in the title suit:

“(A) A preliminary decree of partition of 1/3rd share of the plaintiff in the suit land be passed.

(B) After appointment of a survey knowing pleader commissioner a separate takhta of 1/3rd share of the plaintiff be carved out.

(C) Plaintiff’s share regarding the payment of the loans to the banks be ascer