IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.36 of 2011 Chandrika Rai, S/o Late Sukh Ram Rai, resident of village- Mauza Banshghat Tola Bishunpur, P.O. Banshghat, P.S.-Chakia, District-East Champaran. . . . Petitioner-appellant-petitioner. Versus 1. Kavitri Devi wife of Jai Narayan Sah, d/o Late Sheodani Sah, 2. Ramashray Sah son of Vishwanath Sah, 3. Jai Lal Sah son of Sheodani Sah. 1 to 3 are residents of village- Mauza Banshghat Tola Bishunpur, P.O. Banshghat, P.S.-Chakia, District-East Champaran. . . . .Respondent 1st party / Opp. Party / Opp. Party. 4. Banarsi Prasad Yadav 5. Parmanand Prasad Yadav, Both son of Late Saryug Rai. 6. Bijendra Rai, son of late Sukhram Rai. 7. Lal Babu Ray, son of Banarsi Prasad Yadav 8. Kishore Prasad Yadav, son of Banarsi Pd. Yadav 9. Shashi Kumar Yadav, son of late Mondrika Rai. 10. Musmat Lal Pari, wife of Late Mundrika Rai. 11. Babita Kumari, d/o late Mundrika Rai. All residents of village- Mauza Banshghat Tola Bishunpur, P.O. Banshghat, P.S.-Chakia, District-East Champaran. 12. Sabita Kumari, wife of Rajesh Kumar Yadav, daughter of Late Mundrika Rai, resident of village Katkuiya, P.O. and P.S. Chiraiya, District- East Champran. 13. Renu Kumari wife of Jitendra Kumar Yadav, d/o Late Mundrika Rai, resident of village Ahiraulia, P.O. and P.S.-Chiraiya, District- East Champran. . . . . Opp. 2nd Party / Respondents / Respondents. ----------- 2/ 23.06.2011 Heard learned counsel for the parties. The petitioner has filed the instant writ application against the order dated 31.05.2010 passed by learned Additional District Judge, F.T.C-II, East Champran, Motihari in Misc. Appeal No. 41 of 2003 / 13 of 2008, whereby he refused to interfere with the order of the trial court refusing to set aside the ex-parte order and decree dated 17.05.1995 and 29.04.1995 passed in T.S. No.185 of 1990. Both, the trial court as well as the appellate court, have concurrently found that Banarasi Prasad and Parmanand Prasad 2 have received notices on behalf of the defendants. Both the courts held that the petitioner-defendant failed to show that Banarasi Prasad and Parmanand Prasad were not joint members of the family. In this view of the matter, I do not find any merit in this writ application and is, accordingly, dismissed. Uday/ (Samarendra Pratap Singh, J.)