Deocharan Ram @ Deosharan Ram v. Manikchand Seth @ Manikchand

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.942 of 2009

====================================================== Deocharan Ram @ Deosharan Ram .... .... Petitioner/s Versus Manikchand Seth @ Manikchand .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramchandra Singh For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 4 18-03-2013 Heard Mr.Ramchandra Singh, learned counsel for the petitioner.

This civil revision application is directed against the order dated 24.3.2009 passed by the learned Additional District Judge, F.T.C. No.1, Aurangabad, in Title Appeal No.18 of 2002/155 of 2007 whereby the petition filed by the petitioner who is the plaintiff/appellant before the court below under Section 107 of the Code of Civil Procedure (hereinafter to be referred to as the ‘Code’) read with Order 41, Rule 25 thereof has been disposed of with an observation that the same shall be decided at the stage of final adjudication of the claim.

The application in question was filed requiring the appellate court to remand the matter to the trial court for framing and deciding the question of title and possession of the plaintiff/petitioner. It is not in dispute that the suit in question was

Patna High Court C.R. No.942 of 2009 (4) dt.18-03-2013

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filed by the petitioner seeking to injunct the defendant from disturbing or interfering with the possession of the plaintiff over the suit property.