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2025 Supreme(Pat) 551

ARUN KUMAR JHA
Nilima Sharma – Appellant
Versus
Padamdev Narain – Respondent


Advocates Appeared:
For the Petitioner: M/s K. N. Choubey, Sr. Adv., Ambuj Nayan Choubey, Dineshwar Pandey, Prashant Kumar, Shashank Shekhar Dubey, Mohit Kumar.
For the Resp. No.1 : M/s Sunil Kumar Sinha, Binod Kumar Labh.

Arun Kumar Jha, J. – The present petition has been filed by the petitioner for quashing the order dated 16.12.2023 passed in Misc. Appeal No. 37/2022 by the learned Additional District Judge-8th, Bhojpur at Ara dismissing the appeal and affirming the order dated 27.05.2022 passed by the learned Sub Judge- 8th, Bhojpur at Ara in Title Partition Suit No.531/2013 whereby and whereunder the petitioner has been ordered to demolish all constructions from the disputed land within three months from the date of order, failing which the District Magistrate, Bhojpur at Ara was directed to remove any construction and make the land clear at the cost of the petitioner and also to attach any property lying on the land.

2. Briefly stated the facts leading to filing of the present case are that respondent no.1 instituted Title Partition Suit No. 531/2013 against his co-sharers claiming 1/12th share in the property mentioned in Schedule-2 of the plaint. The suit land measures about 14 acres. The relevant land appertains to Khata No. 152, Plot No. 360 in village-Paiga, P.S.-Barhara, District-Bhojpur and its total area is said to be 76 decimals. Admittedly, respondent nos. 4 and 5, who are the brothers

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