IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.97 of 2018

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Mahesh Sharma S/o late Dhurkheli Rai @ Dhurkheli Sharma Resident of

Village- Kiratpur Gurudas @Khabra, P.S. Sadar, Distt. Muzaffarpur.

... ... Petitioner/s

Versus

1.

Bhairo Rai, S/o late Dhurkheli Rai Resident of Village- Kiratpur Gurudas

@Khabra, P.S. Sadar, Distt. Muzaffarpur.

2.

Bindo Kumar S/o late Dhurkheli Rai @ Dhurkheli Sharma

3.

Ashish Kumar S/o Sri Binod Kumar both Resident of Village- Kiratpur

Gurudas @Khabra, P.S. Sadar, Distt. Muzaffarpur.

4.

Madhav Sharma

5.

Udhav Kumar Sharma Both Son of Sri Mahesh Sharma

6.

Smt. Neelam Sharma W/o Sri Mahesh Sharma

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Anjani Kumar, Sr. Adv.

Mr.Deepak Sahay Jamuar

For the Respondent/s

:

Mr. Manoj Kumar Manoj

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

JUDGMENT AND ORDER

C.A.V.

Date : 22-09-2022

The petitioner, who is the plaintiff no. 1 in Title Suit

No. 1367 of 2014, has challenged the order, dated 15.06.2017,

passed by the learned Sub Judge-XIII, Muzaffarpur, whereby the

intervention petition filed by the respondent no. 1, who is the own

brother of the petitioner-plaintiff, has been allowed and he has

been impleaded as party-defendant in the suit.

2. The petitioner, along with his sons and wife, being

plaintiff nos. 1 to 4, filed Title Suit No. 1367 of 2014, in which

Patna High Court C.Misc. No.97 of 2018 dt.22-09-2022

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another brother of the petitioner-plaintiff no. 1, Binod Kumar and

his son, Ashish Kumar, were made defendants. The said suit has

been filed for declaration of title of the plaintiffs upon Schedule-I

land, described in the plaint and for confirmation of possession

over the said Schedule-I land, inter alia, on the facts that the

petitioner-plaintiff no. 1 and the defendant no. 1-respondent no. 2

are the sons of Late Dhurkheli Rai and both brothers are separate

in mess and business and their another brother, Bhairo Rai,

intervenor petitioner-respondent no. 1 has no concern with the

cultivation or business of the other two brothers.

3. The plaintiff no. 4-respondent no. 6 purchased land of

C. S. Khata No. 162, C. S. Plot No. 89 and C. S. Khata No. 212, C.

S. Plot No. 88, corresponding to R. S. Khata No. 314, R. S. Plot

No. 1087M, having an area of 360 sq. ft., equivalent to 04 dhurs,

from one Binda Sah, son of Shiv Sah, through registered sale deed,

dated 24.06.1985 and since the date of purchase, the aforesaid land

has come in peaceful possession of the plaintiff no. 4-respondent

no. 6, namely, Neelam Sharma, i.e. the wife of the petitioner-

plaintiff no. 1. The defendant no. 1-respondent no. 2 and

Dhurkheli Rai, father of the plaintiff no. 1 and defendant no. 1,

jointly purchased the land of C. S. Khata Nos. 162 and 212, C. S.

Plot Nos. 88 and 89, corresponding to R. S. Khata No. 314, R. S.

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Plot No. 1078M, having an area of 580.6 sq. ft., equivalent to 6½

dhurs from Binda Sah, son of Late Shiv Sah, through registered

sale deed, dated 2406.1985. After the aforesaid purchase,

Dhurkheli Rai, father of plaintiff no. 1 and defendant no. 1 sold an

area of 180.3 sq. ft., equivalent to 02 dhurs, of R. S. Khata No.

314, R. S. Plot No. 1078M, to defendant no. 1, through sale deed

no. 15422, dated 07.09.1987. Again, vide registered sale deed,

dated 07.09.1987, said Dhurkheli Rai, i.e. father of the plaintiff no.

1, defendant no. 1 and intervenor petitioner sold the land of R. S.

Khata No. 314, R. S. Plot No. 1078M, having an area of 110.3 sq.

ft, equivalent to 1¼ dhurs, which was purchased through sale deed,

dated 24.06.1985, in favour of plaintiff no. 4-respondent no. 6,

Neelam Sharma.

4. The petitioner-plaintiff no. 1 and defenda