JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant petition has been filed for quashing of order dated 07.09.2021 passed in Original Suit No. 56 of 2017 by learned Civil Judge, Senior Division-II, Dhanbad whereby and whereunder petition dated 18.02.2019 filed by the petitioners, [defendant nos. 10, 11 and 13 in Original Suit No. 56 of 2017 i.e., three daughters of late Rameshwar Bhagat] [though only defendant nos. 10 and 11 have chosen to file the present petition i.e., CMP No. 419 of 2021], whereby and whereunder prayer made to drop the trial of the original suit being Original Suit no. 56 of 2017 was rejected.

2. This Court, before adverting to the prayer made in the instant petition, deems it fit and proper to refer certain factual aspects as per the pleadings available on record, for proper adjudication of lis:

3. Initially, the plaintiffs, namely, Jogendra Bhagat and one Ram Awadh Bhagat, filed one partition suit being Title Partition Suit No. 150 of 1996 against (1) Lali Bhagat (2) Gajadhar Bhagat (3) Binod Bhagat and (4) Kalicharan Bhagat praying therein for partition of 1/4th share in Schedule B property in their favour, after appointing Survey Knowing Pleader Commissioner and