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2025 Supreme(Pat) 281

IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
Meena Devi W/o Govind Bhagar @ Govind Prasad – Appellant
Versus
Gautam Prasad S/o Late Siroman Thakur – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.N. Shahi, Shivam

JUDGMENT :

ARUN KUMAR JHA, J.

1. The record taken up on mentioning being made on behalf of the petitioners.

2. Heard learned senior counsel appearing on behalf of the petitioners and I intend to dispose of instant petition at the stage of admission itself.

3. The petitioners are aggrieved by the order dated 27.03.2024 passed by the learned Additional District Judge-IV, Saran at Chapra in Title Suit No. 2 of 2020 whereby and whereunder the petition filed by the petitioners under Order 26 Rule 10 (A) of the Code of the Civil Procedure (hereinafter referred to as ‘the Code’) for appointment of Survey Knowing Pleader Commissioner to give report on the points raised in the petition dated 16.02.2023 has been rejected.

4. The learned senior counsel appearing on behalf of the petitioners submits that one of the important issues involved for just adjudication of the dispute between the plaintiffs and defendant is with regard to identity of the suit land as to whether Municipal Plot Nos. 8011 and 8012 have given rise to Holding No. 372/278 (New) carved out from Holding No. 313 (Old) and even before the previous Holding No. 303 at Mohalla- Dahiyawan, Ward No. 17, Circle No. 16, Chapra Town, Distri

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