- (1.) BY the Court. -The present petitioners by way of filing this writ petition under Article 227 of the Constitution of India have prayed for quashing the order 17.3.2008 and 23.4.2008 passed by the learned Court of Sub -Judge -IV. Giridih in Title Suit No. 86 of 2002 whereby the learned Court has rejected the applications filed under Order 1. Rule 10(2) of the Code of Civil Procedure.
(2.) HEARD the learned counsel appearing for the petitioners as well as the respondents. Perused the impugned order as well as other materials placed on record. On perusal of the impugned order it appears that the Court below has considered the submissions made by the learned counsel appearing for the petitioners and specific finding has been recorded while dealing with the said application that the property i.e. khata No. 58 claimed by the present petitioners is not in any way concerned about the subject matter of the suit property. Both properties arc different and it has been specifically recorded by the Court below that even the plaintiff -respondent is not claiming anything in respect of the suit property. The plaintiff is claiming suit land bearing khala No. 79. Thus the property i.e. khala No. 58 claimed by the present petitioners is not in any way concerned about the subject matter of the suit property. Thus the present petitioners are unable to make out a case to entertain this petition under Article 227 of the Constitution of India. This Court is of the view that the learned Court below has not committed any jurisdictional error in passing the impugned order and therefore the present petition deserves to be dismissed.
(3.) THE ad -interim order that has been passed on 2.7.2007 is ordered to be vacated. If the petitioners wants to claim any right title and interest in the respect of suit property claimed by them against the respondents then in that case they can file separate suit claiming right, title and interest in respect of the same. Petition dismissed.;