Sunil Dutta Mishra, J.—

Re.: Interlocutory Application No. 01 of 2019

This Interlocutory Application has been filed for condonation of delay in filing the present Miscellaneous Application on the ground that the original petitioner inadvertently filed Second Appeal No. 471 of 2018 before this Court challenging the impugned judgment dated 13.08.2018 passed by the learned 13th Additional District Judge, Muzaffarpur in Miscellaneous Appeal No. 01 of 2018 whereby order dated 04.01.2018 passed in Miscellaneous Case No. 08 of 2016 was affirmed.

However, on the prayer of learned senior counsel appearing on behalf of petitioners, the said second appeal was permitted to be withdrawn by Coordinate Bench of this Court vide order dated 26.08.2019 with liberty to the petitioners to prefer Civil Miscellaneous under Article 227 of the Constitution of India against both the impugned orders.

Learned counsel for the petitioners submits that the time consumed in preferring the present Miscellaneous Application is due to pendency of the aforesaid second appeal and there is no intentional or deliberate delay by the original petitioner in preferring the Miscellaneous Application within time. He further submits that if delay in preferring the present Miscellaneous Application is not condoned the petitioners would suffer irreparable loss and injuries.

Learned counsel for respondents has not opposed this application.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, I find that the delay in filing this Civil Miscellaneous Application has been sufficiently explained. Accordingly, I.A. No. 01 of 2019 is allowed. Delay in filing the Civil Miscellaneous Application is condoned.

Re.: Civil Miscellaneous Jurisdiction No. 1468 of 2019

Heard the parties.

2. This Civil Miscellaneous Application has been filed under Article 227 of the Constitution of India against the judgment dated 13.08.2018 passed by the learned Additional District Judge-13th, Muzaffarpur in Miscellaneous Appeal No. 01 of 2018 whereby the order dated 04.01.2018 passed in Miscellaneous Case No. 08 of 2016 by learned Sub-ordinate Judge- 1st, Muzaffarpur (West) in Miscellaneous Case No. 08 of 2016 filed under Section 22 of Hindu Succession Act, 1956 (hereinafter referred to as ‘the Act’), was affirmed under which Miscellaneous Case was rejected invoking Order VII Rule 11 (a) as well (d) of the C.P.C.

3. The original petitioner (now substituted by his heirs/legal representatives on his death) filed a Miscellaneous Case No. 08 of 2016 under Section 22 of the Act in the Court of learned Sub Judge-1st , Muzaffarpur for a decree for preferential right to acquire suit property in favour of the petitioner and for direction to respondent No. 1 to execute sale deed in favour of the petitioner.

4. The case of the petitioner is that the petitioner and respondent No. 2 are legal heirs and successors of late Gopal Prasad Narayan Singh and they have jointly succeeded and inherited his estate including suit land on which there are bricks built constructed shop. The partition for other property has been done by metes and bounds to the family arrangement but the suit land is not divided. They came and continued in possession of suit land besides other property which are ancestral property and jointly succeeded according to Hindu Succession Act, 1956 although during Revisional Survey operation the suit land recorded in the name of Satrujit Prasad Singh (father of O.P. No. 2) in R.S. Khatiyan. The further case of the petitioner is that respondent No. 2 executed a sale deed no. 23695 dated 17.12.2015 in respect of suit land in favour of the respondent No. 1 ignoring the preferential right of the petitioner. The petitioner claims that he has got the preferential right to acquire suit property. Further case of the petitioner is that the petitioner is ready to pay the consideration amount of Rs. 8,10,000/- but the respondent No. 1 refused to execute the requisite sale deed in