- (1.) Heard the parties.
(2.) This appeal has been preferred against the judgment dated 28.4.2004, passed by learned Additional District Judge, Fast Track Court-Ill, Deoghar in Title Appeal No. 8 of 2002 whereby the lower appellate Court has set aside the order dated 11.8.2002 passed by learned trial Court, rejecting the petition filed by the appellant-defendant No. 4 under Order VII, Rule 11, C.P.C.
(3.) The plaintiff filed suit being Title (D) Suit No. 54 of 2001 in the Court of Sub-Judge-I, Deoghar praying relief for declaration that the plaintiff is a co-owner and has a preemptory right to purchase the suit property and for permanent injunction, restraining the defendants from transferring the suit property or from altering the status of the property.;