- (1.) Aggrieved by order dated 19.08.2013 in Title Suit No. 71/2012 whereby, the petitions filed by the petitioners including the one filed on 25.04.2012 has been dismissed, the present writ petition has been filed.
(2.) The petitioners instituted Title Suit No. 71/2012 seeking declaration of their title over the suit property and confirmation of their possession with a decree for permanent injunction restraining the defendants from interfering with their right, title and possession over Schedule 'B', 'C' & 'D' properties. The petitioners filed application dated 25.04.2012 seeking interim injunction against the defendants and for a direction to the defendants not to dispossess the petitioners or damage the suit property. However, during pendency of Title Suit No. 71/2012, the SubDivisional Officer, Godda issued order dated 26.06.2012 deputing the police force for removing the alleged encroachment. The petitioners immediately filed petition dated 29.06.2012 in the pending suit seeking interim protection and a direction upon the SubDivisional Officer, Godda and the Circle Officer, Godda not to demolish the structures. However, on 29.06.2012 itself the respondent nos. 4 & 5 demolished the shops and a portion of residential house of the petitioners, which was the subject matter of B.P.L.E case. The petitioners immediately filed petition dated 02.07.2012 in the pending suit and they also approached this Court in W.P.(C) No. 4026/2012. The writ petition was disposed of on 19.12.2012 directing the Trial Court to dispose of the pending petitions filed by the petitioners within two months. The respondentauthorities were also directed for providing access to the residential premises of the petitioners. The petitioners moved an application on 07.01.2013 in the pending suit for a direction to the respondents for providing access to their residential premises. The petitioners also filed petition dated 08.08.2013 for issuing necessary direction. The Trial Court vide order dated 19.08.2013 dismissed all the petitions including the petitions dated 25.04.2012 and 07.01.2013 as not maintainable.
(3.) Heard the learned counsel for the parties.;