IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.979 of 2017 ======================================================

1. Ashutosh Kumar Singh son of Late Purushottam Kumar Singh, resident of Village -Kalyanpur Bambaiya, Police Station-Bibhutipur, District-

Samastipur.

2. Amitosh Kumar Singh Son of Late Purushottam Kumar Singh, resident of Village -Kalyanpur Bambaiya, Police Station-Bibhutipur, District-

Samastipur.

... ... Petitioner/s Versus

1.1. Kaushalya Devi Wife of Late Laxmi Prasad Sah, resident of Village -Kalyanpur Bambaiya, Police Station-Bibhutipur, District-Samastipur.

1.2. Pankaj Kumar Sah, son of Late Laxmi Prasad Sah, resident of Village -Kalyanpur Bambaiya, Police Station-Bibhutipur, District-Samastipur.

1.3. Jivachh Devi, Daughter of Late Laxmi Prasad Sah, resident of Village -Kalyanpur Bambaiya, Police Station-Bibhutipur, District-Samastipur.

1.4. Sandhya Devi, daughter of Late Laxmi Prasad Sah, resident of Village -Kalyanpur Bambaiya, Police Station-Bibhutipur, District-Samastipur.

1.5. Pramila Devi, daughter of Late Laxmi Prasad Sah, resident of Village -Kalyanpur Bambaiya, Police Station-Bibhutipur, District-Samastipur.

1.6. Punita Devi, Daughter of Late Laxmi Prasad Sah, resident of Village -Kalyanpur Bambaiya, Police Station-Bibhutipur, District-Samastipur.

3. Ranjit Kumar, Son of Late Ramakant Sah

4. Rajesh

5. Raja Babu

6. Gautam All three Sons of Late Ramakant Sah under the guardianship of Sushila Devi All resident of Village-Kalyanpur Bambaiya, Police Station-

Bibhutipur, District-Samastipurl ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Arun Kumar, Adv.

Mr. Raghubir Chaudhary, Adv.

For the Respondent/s : Mr.

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL JUDGMENT

Date : 23-01-2025 Present learned counsel for the petitioners however, no one appears on behalf of the respondents despite service of notice upon the respondents.

2. Heard learned counsel for the petitioners and I intend to dispose of the present petition at the stage of admission itself.

3. The instant petition has been filed on behalf of the petitioners for quashing the order dated 04.03.2017 passed in Title Appeal No. 26 of 2009 by learned Additional District Judge-II, Samastipur whereby and wherein the learned Additional District Judge rejected the petition filed by the petitioners under Order 1 Rule 10 of the Code of Civil Procedure (in short “the Code”).

4. Learned counsel for the petitioner submits that the appellants are respondents before this Court and they filed Title Suit No. 59 of 1996 for declaration of their Title over the suit property which include part of lands bearing Tauzi No. 3968, Khata No. 334(old)/1179(new), Khesra No. 5497 part old/new 8748 measuring 12 kathas 2 dhurs 15 dhurki and also part of land bearing khata no. 1, khesra no. 5379(old)/8803(new) measuring 9 katha 3 dhurs, both situated in Village Kalyanpur Bambaiya, P.S. - Bibhutipur, District Samastipur. After hearing the parties, the Title Suit No. 59 of 1996 was dismissed against the appellants vide order dated 29.11.2008 passed by learned Civil Judge, Senior Division No. II, Rosera, Samastipur. Accordingly, a decree was prepared on 06.12.2008. Thereafter, the appellants/respondents preferred an appeal bearing Title Appeal No. 26 of 2009 before the learned Additional District Judge, Samastipur. During the pendency of the said Title Appeal, the defendant in the title suit, Ram Nandan Poddar executed a registered deed of Will in favour of petitioners on 18.08.2009 in respect of the aforementioned part of the suit land and only that part was subject matter of appeal. Ram Nandan Poddar died issueless on 05.07.2010 and thereafter the petitioners on the basis of the registered Will came in peaceful possession of the land in question. The petitioners after coming to know about pendency of the appeal on 21.09.2016, obtained the relevant docu