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2024 Supreme(Pat) 15

ARUN KUMAR JHA
Baby Devi – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Deepak Kumar Sinha.
For the State : Mr. Ram Pravesh Nath Tiwari, AC to SC-25.
For the private Res. : M/s Dr. Manoj Kumar, Kshem Sharma, Preeti Kumari.

Arun Kumar Jha, J.—The present Misc. Petition has been filed under Article 227 of the Constitution of India by the petitioner for setting aside the order dated 26.03.2018 passed by the learned Munsif-II, Sadar, Bhagalpur in Title Suit No. 109 of 1993 whereby and whereunder the learned Munsiff-II, Bhagalpur rejected the petition of intervenor-petitioner (present petitioner) filed under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’) for impleadment of the petitioner as defendant in the aforesaid title suit.

2. Briefly stated the case of the petitioner is that Title Suit No. 109 of 1993 was filed by the private respondents who are Trustees of one Pachrukhi Goshala at District-Bhagalpur against the defendants, the State of Bihar and other authorities as well as private parties, seeking following relief(s):—

(i) For declaration that Pachrukhi Goshala is the rightful owner and is in possession of the suit land through its trustees and survey entry in the name of defendants is illegal.

(ii) For declaration of revisional survey entry to be wrong, inoperative and void.

(iii) Permanent injunction against defendants-1st party fro

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