JUDGMENT :

1. Instant petition under Article 227 of the Constitution of India has been filed by the petitioner for quashing the order dated 05.10.2020 passed by Civil Judge (Senior Division) Jamshedpur in Original Title (P) Suit No. 7 of 2015 (Annexure – 4) whereby and whereunder, the learned Civil Judge has rejected the application of petitioner filed under Section 4 of the Partition Act, 1893 read with Section 44 of the Transfer of Property Act, 1882 on the ground that the said application was premature as no preliminary decree was passed till then in the said partition suit.

2. Heard learned counsel for both the parties.

3. Learned counsel for the petitioner has submitted that petitioner has its strong feeling and emotions attached to the suit property which is a dwelling house and a joint Hindu family ancestral property. The grandfather of the petitioner Mr. S. C. Raisurana along with Mr. K. C. Raisurana, who was the brother of petitioner’s grandfather, had taken lease of the suit property in the year 1932 from respondent no. 4 Tata Steel Limited. The petitioner was born in the year 1953 in the said dwelling house and has grown up and living with his family in the suit property an