- (1.) Aggrieved by order dated 02.06.2015 in Title Appeal No. 19 of 2010, the present writ petition has been filed.
(2.) Title (Partition) Suit No. 50 of 1980 was filed by Badri Mahto and others in which Jhupar Mahto, Baleshwar Mahto, Govind Mahto and Kamal Prasad Yadav were defendant nos. 1 to 4 (defendants 1st set). The partition suit was instituted for a preliminary decree of partition and for allotment of 1/3rd share to the plaintiffs in the suit properties. The suit was decreed vide judgment and order dated 29.03.2000 and a preliminary decree was prepared on 06.04.2000 which was challenged by defendants st set in Title Appeal No. 14 of 2000. However, the challenge by the defendants 1st set failed and the Title Appeal was dismissed on 26.07.2003. The Second Appeal preferred by the defendants 1st set also stood dismissed on 25.07.2006. The trial court appointed Pleader Commissioner vide order dated 20.05.2006 for preparation of final decree and a report was submitted on 29.05.2008. The report of the Pleader Commissioner was objected by the defendants 1st set however, the said objections were rejected vide order dated 22.02.2010 and the appeal preferred against the said order vide Title Appeal No. 19 of 2010 has also been dismissed on 02.06.2015.
(3.) Mr. K.P. Deo, the learned counsel for the petitioners submits that the Pleader Commissioner failed to take notice of the fact that some of the properties have been developed by the respective parties by investing huge money and therefore, effort should have been to allocate those properties, as far as possible, to the persons who are in possession of those properties. It is further submitted that even in residential properties the convenience of the parties have not been considered by the Pleader Commissioner and thus, the Pleader Commissioner's report is inequitable and unworkable as it would disturb the social harmony amongst the parties.;