- (1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.
(2.) Learned counsel appearing for the petitioner submits that an interlocutory application bearing no.3364 of 2010 has been filed wherein prayer has been made to allow him to incorporate one of the prayers in the main writ application for quashing the judgment dated 3.2.2010, passed by the 1 st Additional Munsif, Dhanbad, in Title Suit No. 166 of 2005, whereby title suit has been dismissed.When objection was taken regarding maintainability of this application, learned counsel appearing for the petitioner submits that the petitioner had earlier filed a writ application before this Court which though was dismissed but liberty was reserved with the petitioner to file a title suit pursuant to that, title suit was filed which was dismissed and as against that, the petitioner has preferred this writ application against the judgment and order, passed in title suit as the said title suit had been filed pursuant to order, passed by this Court.
(3.) Admittedly, the petitioner is seeking quashing of the judgment and order, dated 3.2.2010, passed by the 1 st Additional Munsif, Dhanbad, in Title Suit No. 166 of 2005 in this writ application though the petitioner does have remedy by way of appeal.;