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2021 Supreme(Jhk) 41

RAJESH SHANKAR
Bibi Rajiaullah – Appellant
Versus
Md. Retaz – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Shadab Eqbal, Advocate

ORDER :

The present writ petition is taken up today through Video conferencing.

The present writ petition has been filed for setting aside the order dated 21.05.2019 passed in Civil Misc. Appeal No. 09 of 2018, whereby the Principal District Judge, Hazaribag has dismissed the appeal filed by the petitioner against the order dated 06.10.2018 passed by the Addl. Civil Judge (Junior Division)-II, Hazaribag in Civil Misc. Case No. 20 of 2018.

2. The learned counsel for the petitioner submits that the plaintiff/respondent no. 1 filed Partition Suit no. 13 of 2016 claiming therein that he and the defendant nos. 1 to 3/respondent nos. 2 to 4 are own and full brothers and are the sons of late Md. Hanif, who had purchased the land in Mouza- Barhi, Thana-Barhi, Thana No. 71, District Hazaribag under Khata No. 207, Plot Nos. 1056 and 1057, measuring total area of 12 decimals in the name of his four sons i.e., respondent nos. 1 to 4 by way of registered sale deed no. 4086 dated 28.03.1988. When the plaintiff/respondent no. 1 demanded his 1/4th share seeking partition of the suit land, the defendant nos. 1 to 3/respondent nos. 2 to 4 refused the same which gave rise to filing of the said partition

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