IN THE HIGH COURT OF JUDICATURE AT PATNA

SA No.219 of 2006

1. BISHWANATH PANDEY, S/o Sheodhari Pandey

2. Amrendra Pandey son of Biswanath Pandey

Both resident of village Belwa, P.O.and P.S. Adapur,

District East Champaran

…… Plaintiffs…. Appellants… Appellants

Versus

1. JAGARNATH PANDEY, S/o Gunjeshwar Pandey,

Decd. of village – Belwa, P.O. and P.S.Adapur, District

East Champaran

2. Chandrama Devi D/o Gujeshwar W/o Kailash Thakur

village – Tenua, P.S.Pipra, P.O. Tenua, District East

Champaran

3. Munna Pandey S/o Jagarnath Pandey minor Sri

Bachcha Bihari Pandey, Advocate, Guardian appointed

by the court

4. Naresh Pandey S/o Basdeo Pandey

5. Umesh Pandey S/o Basdeo Pandey

resident of village Belwa, P.O.and P.S. Adapur, District

East Champaran

6. Brajesh Pandey S/o Basdeo Pandy, minor Sri Bachcha

Bihari Pandey, Advocate, appointed by the court under

the guardianship of his father and natural guardian

Basudeo Pandey

7. Beer Pandey S/o Malik Pandey

8. Basdeo Pandey S/o Malik Pandey

9. Ram Narain Pandey S/o Sheodhari Pandey

10. Rajednra Pandey S/o Sitaram Pandey

11. Shambhu Pandey S/o Rajendra Pandey

12. Kamlesh Pandey S/o Rajednra Pandey

Respondent nos. 7 to 12 are resident of village Belwa,

Tappa Bahas, P.G.Majhaua P.O.and P.S. Adapur,

District East Champaran

13. Satrughan Pandey S/o Rajednra Pandey, resident of

village Belwa, Tappa Bahas, P.G.Majhaua P.O.and P.S.

Adapur, District East Champaran

14. Manju Kumari Devi D/o Ram Narain Pandey W/o

Chandra Bhushan Singh, resident of village Bara

Shankar, P.S. Patahi, P.O. Bara Shankar District East

Champaran

15. Jai Prakash Singh, S/o Basdeo Singh

16. Om Prakash Singh

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17. Prem Prakash Singh Sons of Ramdeo Singh resident of

village and P.O. Bariariya, P.S. Sangrampur, District

East Champaran

18. Banaras Rai, S/o Rajroop Rai

19. Arun Singh

20. Bipin Bihari Singh

21. Sanjay Kumar Singh

22. Manish Singh minor sons of Banaras Rai

Resident of village , P.O. and P.S. Kotwa, District East

Champaran

..(Defendants ) Respondent Ist Party .. Respondent Ist

Party

23. Amod Pandey S/o Bishwanath Pandey, resident of

village Belwa, Tapa Bahas, P.G.Majhowa P.O.and P.S.

Adapur, District East Champaran

… Plaintiff no. 3 .. Respondent 2^nd Party

… Respondents

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For the appellants

: M/s S.P. Srivastava and

Rajeev Ranjan, Advocates

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09.08.2010

Heard learned counsel for the appellants. No

one appears on behalf of the respondent nos. 7 and 8

despite vakalatnama having been filed on their behalf.

Plaintiffs – appellants are aggrieved by the

judgment and the decree dated 14.9.2006 passed by

the 1^st Additional District Judge, Motihari in Title

Appeal No. 17 / 03 of 1996/97 dismissing the appeal

and affirming the judgment and decree dated

15.2.1996 passed by the Sub Judge, IV, Motihari, East

Champaran in Partition Suit No. 78/70 of 1984/1991.

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The plaintiffs filed Partition Suit No. 78/70

of 1984/1991 for carving out their 1/6^th share in the suit

property described in schedule - 1 of the plaint.

The case as set by the plaintiffs in brief is

that the family was having some khatiyani lands and

that apart there were some lands, which were acquired

subsequently by settlement and purchased by one or

other members of the family. Plaintiffs themselves

have put forward story of separation of three branches,

i.e., the branch of Kawaldhari Pandey, Sheodhari

Pandey and Sitaram Pandey, who were sons of another

ancestor Arjun Pandey, in the year 1970. However, even

thereafter, though the parties started cultivating some

lands separately but rest lands remained in joint

cultivation and crops were being divided between the

parties. It has further