IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14817 of 2009 1. ASHOK KUMAR SINGH S/O LATE KESHO PRASAD SINGH VILL- PIPRAURA, P.S. MADANPUR, DISTT. AURANGABAD (BIHAR) VERSUS 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY null GOVT. OF BIHAR, PATNA 2. SRI RAM CHANDRA YADAV S/O LATE RAM LAGAN YADAV VILL- LAKSHMAN BIGHA, P.S. MADANPUR, DISTT. AURANGABAD (BIHAR) 3. SMT. RAZIA DEVI W/O SRI RAM CHANDRA YADAV VILL- LAKSHMAN BIGHA, P.S. MADANPUR, DISTT. AURANGABAD (BIHAR) 4. SMT. AMIRA DEVI W/O LATE JAGDISH SINGH VILL- PIPRAURA, P.S. MADANPUR, DISTT. AURANGABAD (BIHAR) ----------- 02 04.01.2010 In my view the writ petition is premature. Against the judgment and decree in a partition suit, the petitioner had preferred a title appeal. His title appeal is pending. His grievance is the same but is not being taken up because of one reason or the other including Court not being available. In my view, the petitioner must first move the learned District Judge in the matter, who would ensure that the case is allotted to a Court that is duly functioning. Once that is done, the petitioner would have all his remedies before the said Appellate Court who would take up the matter. With this observation, the writ petition is disposed of. Trivedi/ (Navaniti Prasad Singh, J.)