- (1.) In this writ petition, the petitioners have prayed for quashing the order dated 14.12.2010 passed by learned District Judge, Lohardaga dismissing the plaintiffs-'petitioners' appeal and upholding the order dated 5.2.2010 passed by learned Munsif refusing the prayer of injunction.
(2.) The petitioners had filed Title Suit No. 11 of 2006 praying for the relief, inter alia, for declaration of right, title and for recovery of possession of suit land of Plot No. 1138 and Plot No. 1139 appertaining to khata No. 166 of village- Lohardaga, P.S. and district-Lohardaga.
(3.) The plaintiffs-petitioners' case, in brief, is that the parties are related to each other. Mouzilal Sahu and Ishwar Sahu were the sons of Nabidu Sahu. The plaintiffs are the heirs and descendants of Mouzi Lal Sahu and defendants are from the line of Ishwar Sahu. The suit land was purchased by six persons, namely, Ishwar Sahu, Khudi Lal Sahu, Bhalro Sahu, Bhado Sahu, Mahavir Sahu and Raghunath Mahto by virtue of deed dated 17.11.1943. In 1949, Ramna Mahto, who was a joint purchaser of the suit land, sold his share in favour of other five persons. Sub-sequently, in the year 1964, there was partition between Mouzi Lal Sahu and Ishwar Sahu. Each got half share in the suit land. Since thereafter, they have been coming in peaceful possession of the land of their respective shares. After long period of said partition, the defendants are trying to grab the land, which fell in the share of the plaintiffs giving rise to a cause of action for the suit.;