IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11104 of 2010 1. Sri Ram Singh 2. Krishna Singh, both sons of Late Jagdish Singh R/O Vill Arjun Bigha, P.S.Darihat, Distt-Rohtas, Presently Resident Of Village Pakhnahiya Tola Basaura, P.O.Udaypur, P.S.Sanjhauli, Distt-Rohtas – Petitioners. Versus 1. The State Of Bihar , Through The Collector Rohtas, Sasaram 2. The Registrar , Civil Court Sasaram, Rohtas 3. Sheopujan Singh (Mahto) S/O Late Somaru Singh(Mahto) R/O Vill Arjun Bigha, P.S. Darihat, Distt-Rohtas, Presently Residing At Vill- Pakhnahiya Tola Basaura, P.O.Udaypur, P.S.Sanjhauli, Distt-Rohtas 4. Vishwanath Singh S/O Sheopujan Singh R/O Vill Arjun Bigha, P.S.Darihat, Distt-Rohtas, Presently Resident Of Village Pakhnahiya Tola Basaura, P.O.Udaypur, P.S.Sanjhauli, Distt-Rohtas 5. Ram Ekbal Singh S/O Sheopujan Singh R/O Vill Arjun Bigha, P.S.Darihat, Distt-Rohtas, Presently Resident Of Village Pakhnahiya Tola Basaura, P.O.Udaypur, P.S.Sanjhauli, Distt-Rohtas 6. Moti Lal Singh S/O Sheopujan Singh R/O Vill Arjun Bigha, P.S.Darihat, Distt-Rohtas, Presently Resident Of Village Pakhnahiya Tola Basaura, P.O.Udaypur, P.S.Sanjhauli, Distt-Rohtas 7. Ramjee Singh S/O Sheopujan Singh R/O Vill Arjun Bigha, P.S. Darihat, Distt-Rohtas, Presently Residing At Vill-Pakhnahiya Tola Basaura, P.O.Udaypur, P.S.Sanjhauli, Distt-Rohtas 8. Lakshuman Singh S/O Sheopujan Singh R/O Vill Arjun Bigha, P.S.Darihat, Distt-Rohtas, Presently Resident Of Village Pakhnahiya Tola Basaura, P.O.Udaypur, P.S.Sanjhauli, Distt-Rohtas 9. Vijay Singh S/O Late Faujdar Singh(Mahto) R/O Vill Arjun Bigha, P.S.Darihat, Distt-Rohtas, Presently Resident Of Village Pakhnahiya Tola Basaura, P.O.Udaypur, P.S.Sanjhauli, Distt-Rohtas 10. Dularo Devi W/O Buchcha Singh R/O Vill & P.O.Jamorhi, P.S. Bikramganj,Distt-Rohtas 11. Piyaro Devi W/O Ramji Singh R/O Vill & P.O Akbarpur, Rohtas , P.S. Rohtas, Distt-Rohtas 12. Lakhamuni Devi W/O Ganesh Singh R/O Vill Ugni, P.O.Siwariyan, P.S.Darigaon (Sasaram), Distt-Rohtas 13. Kalawati Devi W/O Baban Singh R/O Vill Gamhariya, P.O.Nadwad, P.S.Sorari, Distt-Rohtas – Respondents. 2 2.12.2011 Heard learned counsel for the petitioners. This writ petition has been filed challenging the order, dated 6.5.2010 by which the petitioners’ application filed in Partition Title Suit No. 408/2006 pending before the Sub Judge 6th, Sasaram, has been rejected on the ground that the principles of res judicata will not apply in the present case. 2 The facts are that the maternal grand father of the petitioner had executed a Will on 5.2.1948 supposedly in favour of the petitioners and their brother Sheo Pujan. The petitioners filed Probate Case No. 78/1963 which was converted into T.S. No. 7/1963. In the said probate case brother of the petitioners did not appear. A letter of administration was granted to the petitioners on 8.3.1965. Subsequently the name of the petitioners and his brother Sheo Pujan was entered in the survey records. The petitioners filed T.S. No. 64/1974 claiming that the survey entry has wrongly been made in favour of Sheo Pujan and the property exclusively belongs to the petitioners. T.S. No. 64/1974 was decided on the basis of a compromise between the petitioners and their brother Sheo Pujan. Partition Suit No. 408/2006 has been filed by Sheo Pujan and his heirs in which the petitioners are defendants. In the said case the petitioners filed an application under section 11A of the Cr.P.C. claiming that the suit was barred by the principles of res judicata. While hearing the matter the court thought that Sheo Pujan was not a party in the probate caste. It is also denied by Sheo Pujan that he had entered into any compromise in T.S. No. 64/1974. Considering the denial of Sheo Pujan and the fact that he was a party in the probate case, I do not see any illegality in the impugned order. This writ petition is dismissed. haque ( Sheema Ali Khan, J .)