Heard the learned senior counsel, Mr. S.S. Dvivedi for the petitioners and the learned counsel, Mr. J.S. Arora for the respondents.

2. This application under Article 227 of the Constitution of India has been filed by the decree holders-petitioners against the order dated 15.05.2012 passed by Sub Judge I, Kaimur in Miscellaneous Case No. 83 of 1997 whereby the learned Court below allowed the Miscellaneous Case filed by the opposite parties under Section 47 read with 151 C.P.C. and Section 4 of the Partition Act, 1893.

3. For the purpose of disposal of this writ application, the facts may be stated briefly that Bagedi Seth, Ramadhar Seth and Bikarma Seth, the three brothers had purchased disputed land by registered sale deed dated 14.09.1968. Thereafter, there was partition between them by a registered partition deed dated 16.06.1976. After partition, they came in possession of their respective shares. It appears that subsequently Bagedi Seth firstly entered into agreement to sale to the ancestors of the petitioners on 10.12.1977 and then by registered sale deed dated 06.06.1978 sold the present disputed land to the ancestors of the petitioners. After purchase, according to the