Bhishm Deo Singh v. Ram Chandra Singh

Judgment

#2. Ram Chandra Singh Lalan Singh,

#3. Kumar Om All Sons of late Ram Bilash Singh, Resident of Village- Kerka, P.S. N.T.P.C. Khaira, District- Aurangabad ... ... Respondent/s

====================================================== Appearance : For the Petitioner/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR Mr.Sanjay Kumar, Advocate : : 3 09-10-2023 This application has been filed for quashing of the ORAL ORDER order dated 02.08.2018 passed by learned Sub-Judge-VII, Aurangabad in Partition Suit No. 133 of 2015 by which learned Judge has allowed the application of the respondents/plaintiffs under Order 18 Rule 1 of C.P.C.

#2. The defendant has claimed previous partition and therefore, he has been directed to led evident first on the application filed by the plaintiffs and the same has been allowed.

#3. The Court is of the view that there is no illegality in the impugned order dated 02.08.2018 passed by learned Sub- Judge-VII, Aurangabad in Partition Suit No. 133 of 2015 and hence, this application is dismissed. Patna High Court C.Misc. No.1812 of 2018(3) dt.09-10-2023

#4. Since the present Suit is of 2015, the petitioner is directed to re-start his evidence within one month of receipt/communication of a copy of this order and thereafter, the said partition suit will be decided expeditiously by the Court below preferably within a year of receipt/communication of a copy of this order.

#5. With the aforesaid observation and direction, this application is disposed of. (Sandeep Kumar, J) Harsh/ U