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NAWNEET KUMAR PANDEY
Lakshaman Ray @ Laxman Yadav Son of Late Lakhan Yadav @ Lakkhi Ray – Appellant
Versus
Ram Bilash Yadav Son of Late Ram Saran Yadav – Respondent
JUDGMENT :
1. The present civil miscellaneous petition has been filed to quash the order dated 26.06.2021 passed by the learned Sub-Judge-V, Samastipur in Title Suit No.141 of 2009 (Ram Bilas Yadav vs. Laxman Yadav), whereby the petition under section 10 of the Code of Criminal Procedure filed by the defendant-petitioner was rejected.
2. The averment of the defendant-petitioner is that the common ancestor of the petitioner and the respondent, Chulhai Raut died in 1951, leaving behind his three sons, namely, Ram Saran Raut (dead), Ram Lakhan Raut (dead) and Praye Raut (dead). Ram Saran Raut died, leaving behind his three sons, namely, (1) Shivnandan Yadav (2) Raghunandan Yadav and (3) Ram Bilash Yadav and three daughters, namely, (1) Dano Devi (2) Sheela Devi and (3) Parwati Devi. It is stated further that Shivnandan Yadav and Raghunandan Yadav both died issueless. Ram Bilash Yadav, third son of Ram Saran Yadav, is the present plaintiff of Title Suit No. 141 of 2009. The petitioner-defendant in Title Suit No. 141 of 2009 is the only son of Ramlakhan Raut, who is brother of Late Ram Saran Raut. The heirs of Pyare Raut have not been made party in the suit. The petitioner-defendant and h
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