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2025 Supreme(Pat) 309

IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
Kamini Devi W/o Satya Narayan Singh – Appellant
Versus
Ram Balak Prasad S/o Late Jalo Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Binod Kr. Singh, Adv., Advocate, Mr.Vagisha Pragya Vacaknavi, Advocate
For the Respondents:Mr.Shardha Nand Mishra, Advocate,  Mr.Ashok Kumar Mishra

JUDGMENT :

ARUN KUMAR JHA, J.

1. Heard learned counsel for the parties.

2. The petitioner is aggrieved by the order dated 11.05.2023 passed by learned Sub Judge, Teghra in Title Suit No. 188 of 2013 whereby and whereunder the application filed by the plaintiff/respondent no. 1 on 02.03.2022 under Order 26 Rule 10 & 10-A and under Section 151 of the Code of Civil Procedure (in short “the Code”) has been allowed.

3. Learned counsel for the petitioner submits that the plaintiff/respondent no.1 has filed the Title Suit bearing no. 188 of 2013 in the Court of learned Sub Judge, Begusarai against the defendant/petitioner and two others for the relief regarding declaration of bona fide right, title and interest of the plaintiff/ respondent’s joint family over Schedule II land comprised in Khata No. 326, Plot Nos. 425, 426, 427, 428, 429, 430, 431, 433 Milzumla area 1 bigha 13 katha out of Schedule 1 land comprised in Khata No. 326, Plot Nos. 425, 426, 427, 428, 429, 430, 431, 433, area 9 bigha 12 katha 9 dhurs. Defendant appeared and filed written statement contesting the claim of the plaintiff. Plaintiff/respondent no. 1 filed a petition on 02.03.2022 under Order 26 Rule 10 & 10-A and unde

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