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 of the respondent no.1 are also entitled to 1/12th share in the entire property measuring about 14 acres. The respondent nos. 4 and 5 are defendant nos. 3 and 4 before the learned trial court.

3. It further transpires that the ex-parte injunction order over the suit property was passed by the learned trial court. The defendant nos. 3 and 4/respondent nos. 4 and 5 executed two registered sale deeds dated 01.03.2017 and 22.11.2017, respectively in favour of the petitioner in respect of 16.88 decimals of land during the pendency of the partition suit. The petitioner, after purchase of the land, constructed her house and shops on the land which was completed before 01.05.2019, the date at which she was directed to stop construction which, however, was vacated in terms of order dated 20.05.2019.

4. Further, at the instance of the plaintiff/respondent no.1 vide order dated 16.07.2019, the petitioner was added as party defendant no.7 and she filed her written statement. The learned trial court further directed the parties to maintain status quo and to stop construction on 14.11.2019. In the said case, the plaintiff/respondent no.1 filed a petition on 26.04.2022 under Order 39 Rule 2A of the Code of Civil Procedure (hereinafter referred to as ‘the Code’). The learned trial court, vide order dated 27.05.2022, directed the petitioner to demolish the construction made on the purchased land, failing which the District Magistrate, Bhojpur at Ara had been authorized to demolish the same.

5. Aggrieved by the aforesaid order of the learned Sub Judge-8, Bhojpur at Ara, the petitioner preferred Misc. Appeal No.37/2022. The said appeal was dismissed on 16.12.2023 affirming the order of the learned trial court.

6. Aggrieved by the order dated 16.12.2023 passed in Misc. Appeal No. 37/2022, the petitioner has approached this Court by filing the instant civil miscellaneous petition.

7. Mr. K.N. Choubey, learned senior counsel appearing on behalf of the petitioner, at the outset, submitted that the orders passed by the learned Additional District Judge-8th, Bhojpur at Ara and also learned Sub Judge-8th, Bhojpur at Ara are completely illegal orders and have been passed without consideration of the facts and law. The order dated 06.02.2016 was passed granting injunction to the plaintiff against all defendants, but the suit had been proceeding ex-parte against all the defendants including the vendor of the petitioner Nilima Sharma. At that time, the petitioner was nowhere in picture. Subsequently, after execution of two sale deeds dated 01.03.2017 and 22.11.2017 in her favour by the defendant nos. 3 and 4, she purchased a portion of suit land, but she was not having any knowledge about the injunction order. As the petitioner was not a party before the learned trial court, she file