Om Satyam Trivedi vs Abubakar Khan @ Lakhi Khan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 247

SUNIL DUTTA MISHRA
Om Satyam Trivedi – Appellant
Versus
Abubakar Khan @ Lakhi Khan – Respondent

Advocates:
For the Petitioners: M/s Jitendra Kishore Verma, Shreyash Goyal, Prashant Vedasen, Abhay Nath, Pawan Kumar.
For the Resp. No.1 : Mr. Satya Narayan Singh.
For the State : Mr. S.K. Dwivedi, AC to AAG -12.

Sunil Dutta Mishra, J. – Heard learned counsel for the parties.

2. This Civil Miscellaneous application has been filed under Article 227 of the Constitution of India against the order dated 22.08.2022 passed by learned Munsif, Sherghati, Gaya in Title Suit No. 242 of 2019, whereby petition filed by the petitioner under Order 1 Rule 10 (2) C.P.C. for adding them as parties in the suit has been dismissed.

3. The plaintiff / respondent No. 1 has filed title suit bearing Title Suit No. 242 of 2019 against the State of Bihar for declaration of right, title and interest of the plaintiff over the suit land and further declaration that the R.S. Khatiyan with respect to the suit land is erroneous document.

4. The case of the plaintiff is that he purchased the suit land vide registered sale deed No. 6487 dated 23.11.2010 and is in possession of the same. However, when the plaintiff went to Anchal Office, Imamganj for mutation of purchased suit land he came to know that new khata has been opened in the name of the defendant / State of Bihar. The further case of the plaintiff is that in cadestral survey the suit land stand recorded as Gairmazarua Malikan possessed by the Malikan in the name of Du

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