IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12487 of 2008 MAHESH SAH, SON OF SRI KISHUN SAH, RESIDENT OF VILLAGE MAJHAULI, POLICE STATION BIDUPUR, POST OFFICE BIDUPUR, DISTRICT VAISHALI. Versus 1. THE STATE OF BIHAR THROUGH L.R., LAW DEPARTMENT MINISTRY OF LAW, GOVERNMENT OF BIHAR, PATNA. 2. KIRAN DEVI, WIFE OF SRI SURESH SAH. 3. ANITA DEVI, WIFE OF SRI UMESH SAH, BOTH 2 AND 3 RESIDENTS OF VILLAGE MAJHAULI, POLICE STATION BIDUPUR, POST OFFICE BIDUPUR, DISTRICT VAISHALI. 4. KISHUN SAH, SON OF LATE MAUJEE LAL SAH. 5. SMT. GIRJA DEVI, WIFE OF SRI KISHUN SAH, BOTH 4 AND 5 RESIDENTS OF VILLAGE MAJHAULI, POLICE STATION BIDUPUR, POST OFFICE BIDUPUR,DISTRICT VAISHALI ----------- 03. 09.12.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner a Army Personnel is aggrieved by the order passed by the permanent Lok Adalat, Vaishali at Hajipur dated 24.3.2008, Annexure-5A in Title Suit No.91A of 2008, whereunder compromise petition filed by the parties to the aforesaid title suit has been accepted and in terms thereof compromise decree has been passed. 3. It is submitted on behalf of the petitioner with reference to the plaint of Title Suit No.91A of 2008 that the said title suit was filed by the wives of his two brothers impleading the parents as defendants leaving out the petitioner who is the third son of Kishun Sah, defendant opposite party no.4. It is also submitted that as petitioner is not a party to the aforesaid title suit, the compromise decree passed by the presiding officer of the Lok Adalat in the said title suit is not binding on him. If the petitioner is not a party to the aforesaid title suit the compromise petition on the basis of which - 2 - aforesaid title suit was decreed under order dated 24.3.2008, Annexure-5A may not bind the petitioner, he should be well advised to file another suit in the civil court of competent jurisdiction seeking declaration that petitioner being not a party to the aforesaid title suit, the compromise decree passed therein is not binding on him. 4. With the observation aforesaid, the writ application is disposed of. Rajesh/ (V.N. Sinha, J.)