JUDGEMENT

Date : 29-02-2024 The present petition has been filed under Article 227 of the Constitution of India and is directed against the operative part of the order dated 25.01.2017 passed in Title Suit No. 174 of 1969 by learned Sub Judge-II, Hilsa.

2. Briefly stated, the facts of the case are that originally Keowli Devi Devi and Rohni Devi filed a suit for partition against their cousin Harihar Mahto and his son Radha Krishna Prasad and descendants and other cousins Wazir Mahto, Dhalu Mahto and Mahabir Mahto. The plaintiffs also impleaded their full sisters Sukni Devi and Mangri Devi as defendant nos. 16 and 17. The said suit was filed on 17.12.1969 in the court of learned 2nd Additional Sub-Judge, Biharsharif, Nalanda as Title Suit No. 174 of 1969/34 of 1974. The defendants appeared and filed their written statement and contested the suit. During the pendency of the suit some of the defendants died and their heirs were substituted and in the same manner after death of original plaintiffs their legal heirs/representatives came on record. The suit of the plaintiffs was filed for the following reliefs:-

“I. A decree for partition allotti