CAV JUDGMENT

Date : 24-06-2025

The instant civil miscellaneous petition has been filed for quashing the order dated 20.07.2023 passed by learned Munsif, Dalsingsarai in Title Suit No. 34 of 2007 whereby and whereunder the learned Munsif admitted the counter claim of defendant nos. 3 to 6.

2. The facts of the case, briefly stated, are that the petitioners are plaintiffs and the respondents are defendants before the learned trial court and the plaintiffs/petitioners have filed Title Suit No. 34 of 2007 in the Court of learned Junior Division, Dalsingsarai, inter alia seeking declaration of their title over Schedule 1A and Schedule 1B land of the plaint and for recovery of possession by directing the defendants to remove their respective walls and fencing from Schedule 1A and Schedule 1B land and also for grant of perpetual injunction restraining the defendants from laying any claim over the suit land and from making any encroachment over any portion of the suit land. The plaintiffs and the defendants are descendants of common ancestors and there has been a registered partition of joint family property on 06.06.1968 and C.S. Plot No. 2054 was also the subject matter of partition and from