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ARUN KUMAR JHA
Divya Kumari – Appellant
Versus
Jugeshwar Nath Srivastava – Respondent
Arun Kumar Jha, J.—The present petition has been filed under Article 227 of the Constitution of India for setting aside the part of the order dated 17.01.2023 passed by the learned Additional District Judge-VI, Danapur, Patna in Title Appeal No. 79/2019 (Divya Kumari & Ors. vs. Jugeshwar Nath Srivastava) whereby and whereunder the application of the present petitioners dated 07.04.2022 filed for scientific measurement of the land in question has been dismissed. The petitioners have further prayed for direction to the learned first appellate court to appoint a Survey Knowing Advocate Commissioner to conduct and hold scientific measurement of the disputed plot of land by allowing the petitioners’ petition dated 07.04.2022 filed under Order 26 Rule 10 A of the Code of Civil Procedure (hereinafter referred to as ‘the Code’) while holding that the learned first appellate court failed to exercise the jurisdiction vested in it.
2. The conspectus of the case of the parties is that in the year 2011, Title Suit No. 112/2011 (Smt. Sudha Devi & Ors. vs. Jugeshwar Nath Srivastava) was filed by the plaintiffs in the court of learned Sub Judge, Danapur, Patna seeking, inter alia, declaration of ti
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