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2025 Supreme(Online)(Pat) 2004

PATNA HIGH COURT
S. B. PD. SINGH, J
Dr. (Pro.) Ram Bhagawan Singh – Appellant
Versus
Brajesh Kumar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Vikas Kumar Sharma
For the Respondents:Mr. P.N. Shahi, Sr. Advocate, Mr. Abinash Kumar, Advocate

CAV JUDGMENT

Date : 04-12-2025 Heard learned counsel for both the parties.

2. The present petition has been filed for the following reliefs:-

“1.1. To issue a writ of Certiorari for quashing the order dated 12.10.2022 [as contained in Annexure-8] passed by Sri Arvind Kumar Singh Sub-Judge-IX, Patna, in Eviction Suit No. 08 of 2020 [Dr. (Pro) Ram Bhagawan Singh & another Vs. Brajesh Kumar) where by and where under the petition under Rule 6 of Order XII, of the Code of Civil Procedure, 1908 filed by the petitioners for passing a decree of eviction on the basis of the admissions made in the pleadings has erroneously been turned down on unsustainable grounds.

1.2 To grant any other relief or reliefs for which the petitioner may be found entitled to.”

3. The impugned order has arisen out of from the Eviction Suit No. 08 of 2020. The aforesaid Eviction Suit has been filed under Section 106 of the Transfer of Property Act, 1882 and Section 9 of the C.P.C on the ground that the defendants/respondents have induced new partner namely Nagesh Kumar Gupta as defendant No. 6 against the terms and conditions of lease deed dated

31.07.2014. Hence, the lease deed dated 31.07.2014 has become null and

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