IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 69 of 2024

1. Vijay Kumar @ Bijay Das, Aged about 55 years, S/o Late Prahlad Das, Resident of Village: Verwati, P.O., P.S. & Sub-Division: Madhupur, District: Deoghar. Permanently residing At Village: Nawadih, Panchayat: Piprasol, P.O., P.S. & Sub-

Division: Madhupur, District: Deoghar.

2. Ful Kumari Devi @ Fulmati Devi, Aged about 74 years, Wife of Late Triloki Das, Resident of Village: Goithadih, P.O. & P.S.: Devipur, Sub-Division &

District: Deoghar.

3. Sudhir Das @ Sudhir Mahra, Aged about 55 years

4. Kailash Das @ Kailash Mahra, Aged about 44 years, Sl. Nos. 3 & 4 are sons of Late Ganesh Mahra and residents of Village: Bherwa, P.O., P.S. & Sub-

Division: Madhupur, District: Deoghar.

5. Anchala Devi, Aged about 58 years, Wife of Late Rameshwar Das, Resident of Aamtalla, Bherwa, P.Ο., P.S. & Sub-Division: Madhupur, District:

Deoghar.

6 Ful Kumari Devi, Aged about 58 years, Wife of Late Jaydeo Mahra, 7. Deepak Das, Aged about 36 years

8. Rahul Das, @ Rahul Kumar Das, Aged about 22 years SI. No. 7 & 8 sons of Late Jaydeo Mahra.

Sl. No. 6 to 8 residents of Village: Bherwa, P.O., P.S. & Sub-Division: Madhupur, District:

Deoghar.

9. Bulu Devi @ Sangita Devi, Aged about 32 years, Wife of Sachin Das, Resident of Village: Gonariya, P.O.: Pacharpa, P.S.: Pathrole, Sub-Division:

Madhupur, District: Deoghar.

10. Sujata Devi @ Sujata Kumari, Aged about 27 years, Wife of Sri Rajesh Das, Resident of Village: Beni Khijuria, P.O.: Chandih, P.S.: Kunda, Sub-

Division & District: Deoghar.

11. Bhudeb Mahra @ Bhudeb Das, Aged about 52 years

12. Nandeb Mahra @ Nandeb Das, Aged about 51 years

13. Govind Mahra @ Govind Das, Aged about 36 years Sl. Nos. 11 to 13 sons of Pabrit Mahra and residents of Village: Bherwa, P.O., P.S. & Sub-

Division: Madhupur, District: Deoghar.

14. Mundrika Devi, Aged about 48 years, Wife of Sanu Das, Resident of Village: Lerwa, P.O. & P.S.: Pathrole, Sub-Division: Madhupur, District:

Deoghar.

..... … Petitioners Versus

1. Bishnu Mahra, Son of Falo Mahara, Resident of Village: Bherwa, P.O., P.S. & Sub-Division:

Madhupur, District: Deoghar.

2. Kesio Devi Devi, Wife of Late Tinkori Das, Resident of Village: Bherwa, P.O., P.S. & Sub-

Division: Madhupur, District: Deoghar.

3. Devki Devi, Wife of Lolin Das, Resident of Village: Dhak Dhaka, P.O.: Kasathi, P.S.: Devipur, Sub-Division & District: Deoghar.

..... … Opposite Parties --------

CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------

For the Petitioners : Mr. Vishal Kumar Tiwary, Advocate.

: Mr. Manjeet Kumar Choudhary, Advocate.

: Mr. Imran Beig, Advocate.

For the O.P. Nos. 1 & 2 : Mr. Onkar Nath Tewary, Advocate.

: Mr. Shahid Yunus, Advocate.

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07/ 22.04.2025 Heard Mr. Vishal Kumar Tiwary, learned counsel appearing for the petitioners and Mr. Onkar Nath Tewary, learned counsel appearing for the O.P. Nos. 1 and 2.

2. It appears that notice upon O.P. No. 3 has been validly served and in spite of that he has not appeared and with a view to provide one more opportunity to the O.P. No. 3, the matter was adjourned on 25.02.2025, in spite of that he has chosen not to appear. Today, on repeated calls, nobody has responded on behalf of O.P. No. 3, as such, this petition is being heard in absence of O.P. No. 3.

3. This petition has been filed under Article 227 of the Constitution of India, wherein prayer has been made for setting aside the order dated 22.11.2023, passed in Miscellaneous Civil Application No. 46 of 2022 [arising out of Original Suit No. 51 of 2022], by the learned Civil Judge (Sr. Div.)-I, Madhupur, whereby, the petition filed under Order-VII Rule 11(d) of the CPC has been rejected by the learned court.

4. Mr. Vishal Kumar Tiwari, learned counsel appearing for the petitioners submits that O.P. No. 1 namely Bishnu Mahra has instituted Original Title Suit No. 5 of 2020 before the Court of Settlement Officer, Dumka, pursuant to that and later on for proper adjudication of the matter, the same was referred before the Civil Court and was renumbered