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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Mohammad Iliyas son of late S.K. Makbool – Appellant
Versus
Mohammad Nazeer, son of Sheikh Kayamuddin, resident of Village Sonaguji, PO Mathura, PS Balbedda, District Godda – Respondent
JUDGMENT :
Sanjay Kumar Dwivedi, J.
Heard Mr. S.P. Jha, the learned Senior counsel assisted by Mr. Aishwarya Prakash, the learned vice counsel appearing on behalf of the petitioner as well as Mr. Tejo Mistry, the learned counsel appearing on behalf of the respondent/opposite party.
2. This petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 17.02.2022 passed by learned District Judge- II, Godda in Civil Appeal No.05 of 2019 by which he has been pleased to dismiss the petition filed by the petitioner/appellant under order XLI Rule 27 as well as Section 107 /151 of the Code of Civil Procedure.
3. Mr. Jha, the learned Senior counsel appearing on behalf of the petitioner submits that Title (Partition) Suit No.52 of 2006 was instituted for partition and was decided by the learned Civil Judge, Senior Division -I Godda by the judgment dated 12.9.2018 and against the said judgment, Civil Appeal No.05 of 2019 was preferred by the petitioner herein and in that appeal, a petition under Order XLI Rule 27 of the CPC was filed before the learned court for adducing additional evidence with regard to family relation certificate and the same was reje
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