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2023 Supreme(Pat) 748

SANDEEP KUMAR
Lallan Pandey – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioners: Mr. Chandra Kant.
For the State : M/s S. K. Mandal, S.C.-3, Bipin Kumar, A.C. to S.C.-3.
For Resp. Nos. 2 to 6 : M/s Dharmendra Choubey, Umesh Narayan Dubey.

Sandeep Kumar, J. – This application has been filed for setting aside the award dated 27.09.2005 passed by the Permanent Lok Adalat, Rohtas at Sasaram, in Partition Suit No. 502 of 2005, by which the suit property has been partitioned between the petitioners and the private respondents on the basis of a compromise petition entered between the parties.

2. The case of the petitioners is that petitioner no.1 is a practicing lawyer based in Patna and most of time he used to stay in Patna. The petitioner no.2 is the only son of petitioner no.1. The brother of the petitioner no.1 i.e. respondent no.2 decided to partition their property in half-half share as they both were full brothers and the property was to be divided between them only. In view of the aforesaid decision of partition, the petitioner no.1 along with respondent no.2 filed Partition Suit No.502 of 2005 in Permanent Lok Adalat for partition. As there was a settlement between the parties, the petitioner no.2 and his son i.e. petitioner no.2 were called by the respondent no.2 in the Civil Court at Rohtas and it was represented to them that the compromise petition has been prepared dividing the ancestral property into half-half

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