Mohit Kumar Shah, J. – The present writ petition has been filed for setting aside the order dated 19.08.2010 passed by the learned Sub-Judge-III, Begusarai in Title Suit No. 163 of 2002, whereby and whereunder the petition filed by the plaintiff i.e. the opposite parties 1st set herein under Order 18 Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 has been allowed and the defendant no. 1 i.e. the petitioner herein has been directed to adduce the evidence first.

2. The brief facts of the case are that the plaintiffs-opposite parties 1st set are stated to have filed a title partition suit bearing Title Suit No. 163 of 2002, before the learned Court of Sub-Judge-III, Begusarai inter alia praying therein for passing a preliminary decree for partition of 1/4th share of the plaintiff in the Schedule-B property of the plaint as also for carving out separate patti of the plaintiff whereupon preliminary decree be made final and the plaintiff be put in possession of the suit property by the process of the Court. The defendant No.1- petitioner herein and others had appeared in the aforesaid suit and filed their written statement, controverting the facts stated/alleged in the