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2020 Supreme(Pat) 434

MOHIT KUMAR SHAH
Pushpa Drolia wife of Rajendra Drolia – Appellant
Versus
Sohrai Mahton S/o late Ramautar Mahton – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Jitendra Kishore Verma, Mr.Siddharth Prasad, Adv.
For the Respondent: Mr. Anil Kumar, Mr. Anshay Bahadur Mathur, Adv.

JUDGMENT :

The present writ petition has been filed challenging the order dated 30.4.2015 passed by the learned Sub-Judge II, Patna City in Title Suit No. 416 of 1985 whereby and whereunder the application filed by the interveners-petitioners herein under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure, 1908, for being impleaded as party to the said suit has been dismissed.

2. The brief facts of the case are that the plaintiffs-respondents herein filed a title suit bearing Title Suit No. 416 of 1985 against the defendants-respondents herein seeking the following reliefs:-

    “(a) That preliminary decree of partition of plaintiffs 8 annas share in the suit property.

(b) That separate takhta of the plaintiffs be carved out by appointment of advocate commissioner and final decree be accordingly prepared and the plaintiffs be put in khas possession.

(c) For cost of the suit.

(d) For any other relief(s) for which the plaintiffs are found to be entitled.”

3. The description of the land in question has been given in Schedule A to the plaint as Khata no. 631, C.S. Plot No. 1456, M.S. Plot No. 1241, Ward No. 18 (old), 24 (new), Sheet No. 147, ad-measuring 10 kathas, situated at

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