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2024 Supreme(Online)(Pat) 85

PATNA HIGH COURT
MR. JUSTICE ARUN KUMAR JHA, J
Prasadi Sah – Appellant
Versus
Pooran Sah – Respondent


Advocates:
Mr. Sharda Nand Mishra, Advocate; Mr.Dhananjay Kumar Gupta, Advocate; Mrs.Mallika Mazumdar, Advocate

JUDGEMENT

The instant Civil Miscellaneous Petition has been filed under Article 226 of the Constitution of India for quashing the order dated 22.11.2019 passed by learned Additional District Judge-Ist, Bhagalpur in Misc. Case No. 20 of 2017, whereby and whereunder the learned Appellate Court dismissed the appeal and affirmed the order dated 12.09.2017 passed by learned Sub Judge-I, Bhagalpur in Title Suit No. 622 of 2016.

The petitioner has further sought quashing of the order dated 12.09.2017 passed by learned Sub Judge-I, Bhagalpur in Title Suit No. 622 of 2016, whereby and whereunder the learned trial court rejected the petition dated 10.01.2017 filed under Order 39 Rule 1(a)(b) read with Section 151 of the Code of Civil Procedure (hereinafter as ‘the Code’) with further prayer to allow the injunction petition dated 10.01.2017 filed by the petitioner.

2. Briefly stated, the facts of the case are that the petitioners are are the descendants of one Prasadi Sah who filed Title Suit No. 622 of 2016 seeking declaration that the plaintiff is the original owner of the suit land as described in Schedule-A of the plaint having valid right, title and interest over it and further declaring

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