JUDGMENT :

Arun Kumar Jha, J.

Heard learned counsel for the petitioner and learned counsel for the respondents and I intend to dispose of the present civil miscellaneous petition at the stage of admission itself.

2. The instant petition has been filed under Article 227 of the Constitution of India against the order dated 21.12.2016 passed by the learned Sub-Judge II, Kaimur at Bhabhua in T.S. No. 274/1999 (F.D.), Registration No.3340/2014 whereby and where under the learned Sub-Judge has partially allowed the prayer of the Intervenor/Respondent 2nd set without impleading them as party to the suit.

3. Learned counsel for the petitioner submits that Title Suit No. 274/1999 has been filed by the plaintiff/petitioner in the Court of Subordinate Judge, Bhabhua for partition of 1/9 share in the properties mentioned in Schedule-A of the plaint. The defendants appeared and filed three sets of written statement and contested the case. By judgment and decree dated 17.10.2016, the learned Sub Judge-II passed the decree for partition of 1/9 share in favour of the plaintiff. Thereafter, the plaintiff applied for preparation of final decree before the Subordinate Judge II, Bhabhua on 22.11.2016 and