IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.5460 OF 2011 KANHAIYA PRASAD @ KANHAIYA JEE PRASAD SO LATE RAMJATAN SAO, SADAR BAZAAR, MAHABIR ASTHAN JAGDISHPUR, BHOJPUR. VERSUS 1. JAWAHAR PRASAD @ JAWAHAR LAL S/O LATE RAMJATAN SAO 2. GOPAL JEE PRASAD S/O LATE RAMJATAN SAO, BOTH OF SADAR BAZAAR, MAHABIR ASTHAN, JAGDISHPUR. 3. MUNGALAL GUPTA S/O LATE RAMJATAN SAO 4. SMT KUSUM DEVI W/O MUNGA LAL GUPTA, BOTH RESIDENT OF DURGA TEXTILE DASMESH MARKET, CHITRA TOIL ROAD, ARA, ---------------------------------- 5. 05.12.2011. The petitioner prays for quashing order dated 24.7.2007, passed by the sub judge II, Bhojpur at Ara in Title suit no. 425 of 2002, whereby application filed by him dated 27.2.2007 under section 151 CPC has been rejected. The petitioner/plaintiff filed Title suit no. 425 of 2002 for partition. The defendants filed their written statement stating that some of the properties are self acquired properties and not joint family properties. The plaintiff filed a petition to prepare a inventory list of three shops, namely, (i) Ajay Vastralay situated at Jagdishpur, (ii) Kanhaiya & Gopal Jee vastralay situated at Jagdishpur and (iii) Durga Textiles situated at Chitra Toli Road, Ara. The court appointed one Siyaram Dubey as Advocate 2 commissioner for preparing the inventory list of the above shops, but he made inventory of only one shop, namely, Kanhaiya & Gopal Vastralay, Jagdishpur. The petitioner on 27.2.2007 filed an application for a fresh appointment of Pleader Commissioner for preparing inventory list of remaining two shops, which was rejected by the Sub judge vide order dated 24.7.2007, as similar petition has been rejected in the past. The writ petition is disposed of with an observation that the petitioner may adduce evidence in support of his claim regarding jointness of properties during trial. The writ application is disposed of. Shashi. (Samarendra Pratap Singh, J.)