SHASHI BHUSAN PRASAD Vs. ANIL KUMAR SAHAY

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India whereby and whereunder order dated 14.08.2018 whereby and whereunder the order dated 20.05.2017 passed by Civil Judge Senior Division, Bokaro in Title Suit No.77 of 2011 by which petition filed under Order XXXIX Rule 1 & 2 of CPC filed by the plaintiff has been allowed by passing an ad-interim order to maintain status quo. The said order has been assailed by the defendant No.9, the petitioner herein under Order XLIII Rule 1(r) of CPC before the competent Civil Court having its jurisdiction which has also been dismissed vide order dated 14.08.2018 passed in Civil Misc. Appeal Case No.16 of 2017.

(2.) The brief facts of the case of the petitioner as per the pleading made in the writ petition is that a suit has been filed for declaration of right, title and interest and possession of the plaintiff over the suit property which has been purchased from Ashok Vatika Sahkari Grih Nirman Samiti Ltd., Chira Chas through registered deed of sale vide deed No.3392 dated 27.05.1992 with a further relief that decree for permanent injunction be passed against the defendants restraining them from interfering with peaceful possession and title of plaintiff besides decree for cost of the suit.

(3.) The case of the plaintiff to the suit is that after coming to know from the defendant No.3 who has purchased the suit property from Ashish Chandra Modak and Nitya Nand Modak. Radha Nath Modak is the grandfather of Ashish Chandra Modak and Nitya Nand Modak purchased land from original raiyat Sashi Dutta and Kangal Dutta by registered sale deed No.12122 dated 15.11.1944 and sale deed No.10102 dated 06.09.1945. Ashish Chandra Modak and Nitya Nand Modak through registered attorney holder namely, Dilip Kumar Kejriwal sold suit property to Rabindra Kumar Singh @ Robin Singh and Bibhash Chandra Panjiyar by registered sale deed No.1803 dated 17.02.2011.