PATNA, India, July 23 -- Patna High Court issued the following judgment on July 11:

Heard Mr. P.N. Shahi, learned Senior Counsel for the petitioner and Mrs. Nivedita Nirvikar, learned Senior Counsel for the opposite parties.

2. The present application has been filed for recall of the observations made by this Court in paragraph no.4 of the order dated 21.09.2023 passed in Civil Misc. No.542 of 2023.

3. The order dated 21.09.2023 passed in Civil Misc. No.542 of 2023 reads as under:-

"Heard the parties.

2. This application has been filed for quashing of order dated 14.03.2023 passed by learned Addl. District JudgeXI, Gopalganj in Misc. Appeal No.22 of 2022 in Title Suit No. 26 of 2022.

3. It has been submitted by learned counsel for the petitioners that he is the purchaser of two kathas of land in question and sale deed executed in his favour is under challenge. He prays that during pendency of the said suit, they may be permitted to get two kathas of land in question demarcated. He also undertakes that he will not make any construction or will not create any third party right over two kathas of the suit land.

4. Initially, Mr. Mohammad Sufyan, learned counsel for the respondents has opposed the prayer of the petitioner but now they have also agreed to the fact of demarcation, in view of the undertaking of the petitioners that no construction shall be made by the plaintiffs during pendency of the suit. The petitioners in presence of the defendants will get their land demarcated and fix pillars after the demarcation.

5. Learned counsel for the parties have agreed that Title Suit No.26 of 2022 be disposed of at the earliest.

6. The Court below is directed to dispose of the Title Suit No.26 of 2022 within a year of receipt/communication of a copy of this order and file a compliance report to this Court.

7. With the aforesaid observation and direction, this application is disposed of"

4. Thereafter, the respondent no.1 had moved before the Hon'ble Supreme Court by filing Special Leave to Appeal (c) Nos. 27924 of 2023 and the Hon'ble Supreme Court has passed the following order on 02.01.2024.

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