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SAMARENDRA PRATAP SINGH
UMESH NARAYAN – Appellant
Versus
JHATI DEVI – Respondent
Heard learned counsel for the petitioner as well as learned counsel appearing for the respondents.
2. The instant writ petition is directed against the final order dated 15.9.2009, passed in Title suit no. 2 of 2008, whereby learned Additional Munsif 1, Patna refused the prayer of the petitioner to decide the issue of jurisdiction as preliminary issue. The plaintiffs-respondent nos. 1 and 2 filed Title suit no. 2 of 2008 with the following reliefs:-
(A) That after adjudication of the facts of the case mentioned above it be declared by a decree of the Court that the plaintiffs are the owners, of suit premises fully mentioned in Schedule I of the plaint and non-title of the defendant nos. 1 and 2.
(B) That it be also declared by a decree of the court that the alleged sale deed dated 17/7/1979 alleged to be executed by defendant 2nd set in favour of defendant 1st set in respect f suit plot is illegal, void, collusive, inoperative, without consideration and is not binding upon the plaintiffs.
(C) That the construction of boundary wall as well as cabin over suit plot may be removed by the order of the court directing the defendant nos. 1 and 2 to remove the same within time fixed
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