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2013 Supreme(Pat) 1363

R.M.DOSHIT, ASHWANI KUMAR SINGH
Nawal Kishore Prasad Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellants :Mr. Shivendra Kumar Sinha, Advocate
For the Respondent No.2:Mr. Vishwa Ranjan Chaudhary, Advocate

ORAL ORDER :

Per: HONOURABLE THE CHIEF JUSTICE

Though served the respondent no.3 has not entered appearance.

2. This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioners in C.W.J.C. No. 11501 of 2009 against the judgment and order dated 18th October 2011 passed by the learned single Judge.

3. In March 2007, the respondent no.2 approached the Permanent Lok Adalat, Civil Court, Patna in Lok Adalat Case No.64 of 2007 for partition of suit property. According to the respondent no.2, he was the maternal grandfather of the two minor children Amisa and Aayush. His daughter Mairy, the mother of two minor children, had died in 2007. Since then there was no one else to look after the minor children. The defendant Manoj Kumar Singh, the father of the minor children, was the owner of the vast property and that the suit property was the joint property of the parties to the suit. The said suit was compromised before the Lok Adalat and a decree for partition came to be passed on 31st August 2007.

4. The appellant approached this Court in above C.W.J.C. No. 11501 of 2009 to challenge the aforesaid decree dated 31st August 2007. The appellant claims to be the father of the a







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