Sher Ali @ Raja And ORS v. Md. Safiullah

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17192 of 2013 ======================================================

1. Sher Ali @ Raja Son Of Md Kalim Khan R/O Sahadut Hasan Lane Tatarpur Market, P.S. Tatarpur, District Bhagalpur

2. Kasib Kalim Khan @ Kaifi Son Of Md Kalim Khan R/O Sahadut Hasan Lane Tatarpur Market, P.S. Tatarpur, District Bhagalpur

3. Md Karim Khan Son Of Late Md Ismail Khan R/O Sahadut Hasan Lane Tatarpur Market, P.S. Tatarpur, District Bhagalpur .... .... Petitioner/s

Versus

1. Md. Safiullah Son Of Hemayatullah Ansari Resident Of Village - Barichak, P.S. - Tatarpur, Distt - Bhagalpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Gupta Mr. Rajeev Ranjan.

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-02-2017 Heard.

Petitioners have challenged the order dated 04-07-2013 passed by learned Munsif-II, Bhagalpur in Title Suit No. 51 of 2012 by which he rejected the prayer of petitioners to decide the aforesaid suit framing preliminary issues.

Petitioners are defendants in aforesaid Title Suit No. 51 of 2012 and they filed a petition praying therein to frame preliminary issues and decide the aforesaid suit on the basis of preliminary issues as they claimed the suit properties on the basis of gift and furthermore, the suit was highly time barred. The learned court below refused to accept the contention of the petitioners.

Patna High Court CWJC No.17192 of 2013 (2) dt.28-02-2017 2/2 Perused the petition filed by the petitioners before the court below, which has been annexed with this petition as Annexure-4 to the petition and after perusal of the aforesaid petition, I find that the learned court below rightly rejected the aforesaid petition and refused to decide the suit after framing preliminary issues.

In the aforesaid circumstance, I do not find any ground to interfere with the impugned order.

Accordingly, this petition stands dismissed and the impugned order passed by the court below is, hereby, affirmed. However, this order shall not cause any prejudice to the court below as well as to the parties in raising and deciding the issues, raised by the petitioners in their petition at the time of final argument as well as passing of final judgment. (Hemant Kumar Srivastava, J) A.K.V./- U