Shree Chandrashekhar, J. - (1.) Aggrieved of order dated 08.07.2011 passed in Title (Declaratory) Suit No.133 of 2008, the defendants have approached this Court.
(2.) By an order dated 16.11.2017 operation of the impugned order dated 08.07.2011 was stayed by this Court.
(3.) Briefly stated Title (Declaratory) Suit No.133 of 2008 was instituted by Subal Ray claiming himself adopted son of late Littu Rai for a declaration that the defendant no.1 is not the adopted son of Purni Ghatwalin and that the mutation vide M.C. No. 172/2000-01 and in M.C. No.183/2000-01 by the Sub-divisional Officer, Deoghar has been obtained on the basis of fake and forge adoption deed. The plaintiff has asserted that on death of Kalwatia Ghatwalin her daughter namely Purni Ghatwalin inherited her mother's properties and also succeeded to the properties belonging to her husband namely, Littu Rai. She died on 27.12.1999. At that time the property of J.B. No.80 of Mouza Raikund was recorded in the name of Mahatap Rai in Gantzor's purcha. The said Purni Ghatwalin was issueless. It is pleaded that she requested Chhatradhari Rai and his wife namely, Sanjhiya Ghatwalin for adopting their youngest son namely, Charku Ray and on 26.01.1989 Purni Ghatwalin adopted the said Charku Ray by taking him in lap and on performance of giving and taking ceremony. In paragraph no.12 of the plaint, the plaintiff has pleaded that Purni Devi, Chhatradhari Rai, Sanjhiya Devi and others visited the office of the Registrar, Deoghar and Adoption Deed No.15, dated 27.01.1989 was executed.;