ORAL JUDGMENT

Date : 16-01-2024 Heard learned counsel for the petitioner on the point of admission and I intend to dispose of the instant petition at the stage of admission itself.

2. The instant petition has been filed by the petitioner-

defendant challenging the order dated 21.01.2017 passed by the learned Civil Judge, Senior Division (Sub Judge)-X, Gopalganj in Title Suit No.596 of 2007 whereby and whereunder the petition dated 30.08.2016 filed by the petitioner-defendant under Section 19 of the Code of Civil Procedure (hereinafter referred to as ‘CPC’) was rejected with cost of Rs.1500/-.

3. The case of the petitioner-defendant as it appears from the records is that the petitioner-defendant filed the petition dated 30.08.2016 contending that a five room house was constructed by the defendant no.1 on 1 Katha land of Plot No.533, Khata No.65 under Mauza-Neharua Khurd, Circle- Panchdewari, P.S.-Kateya, District-Gopalganj and Khesra No.407, Area 6 Katha 14 Dhur under the said Mauza was left vacant, but the said house of the defendants was demolished by the plaintiffs through Banwari Mishra and some illegal constructions were carried out on Plot No.407. It was further contention of th