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CHAKRADHARI SHARAN SINGH
Rajesh Kumar Choudhary – Appellant
Versus
Pradeep Kumar Choudhary – Respondent
Heard learned counsel for the parties.
2. The petitioners in the present application under Article 227 of the Constitution of India are aggrieved by the order dated 16.03.2010 passed by learned Sub Judge VIII, Bhagalpur in Title Suit No. 260 of 2006 (hereinafter second suit) whereby the court below rejected the prayer of the petitioners under Section 10 of the Code of Civil Procedure for stay of the proceeding of Title Suit No. 260 of 2006 till disposal of Title Suit No. 226 of 2006 (hereinafter referred to as the first suit) pending in the court of Sub Judge VII, Bhagalpur.
3. The petitioners are the plaintiffs in Title Suit No. 226/2006 (first suit) whereas the respondents, the defendants in the second suit. A registered sale deed executed on 24-03-2006 by Most. Sumitra Devi (since deceased) is under challenge which appertains to suit land admeasuring 2204 Sq. ft., which according to petitioners, is undivided part or portion of schedule-A property of the plaint, total of which measures .1140 hectares equivalent to nearly 10,000 Sq. ft. Subsequent to the said first suit Title (Partition) Suit No. 260/2006 i.e. second suit has been filed by Pradip Kumar Choudahry, who is respond
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