IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26303 of 2007 Md. Nazamuddin, Son of Late Nisar Ali, Resident of Village Chahatpur, Police Station Palasi, District Araria. ------ (2nd Party)—Petitioner Versus 1. The State of Bihar. 2. Naushad Alam @ Naushad Hussain, Son of Sajjad Hussain. (2nd party). 3. Fakhruddin @ Fakko, Son of Late Muslim. Both resident of Village-Dehti, Police Station Palashi, District Araria (Intervener). ------- Opposite Parties ----------- 4 6.8.2009 Heard learned counsel for the petitioner and counsel for the opposite party no.2. In a matter relating to title of property, when the question of possession was gone into by the court below, the same was/is always subject to a final decision to be taken by the civil court. Counsel agreed that part of the land in question is already subject matter of civil suit at the instance of the opposite party no.2. Learned counsel for the opposite party no.2, however, would clarify that only one and half decimal of land is the subject matter of such civil suit and therefore, if the petitioner is interested in getting the matter adjudicated by the civil court, it is he who has to file a civil suit for the remaining one and a half decimal of disputed land. That being so, if the petitioner would file a civil suit, nothing said in the impugned order, shall affect the right or title of the petitioner in any manner. With the aforementioned observations, this application is disposed of. Rsh (Mihir Kumar Jha, J.)