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2004 Supreme(SC) 1055

RUMA PAL, ARUN KUMAR
HARJU (SINCE DECEASED) THROUGH HIS PROPOSED LEGAL HEIRS – Appellant
Versus
PHULARI ALIAS CHURMARAWATI – Respondent


ORDER


1.Leave granted.

2. Bhuni and Jhagru were two brothers. A dispute arose in respect of certain property between the heirs of Bhuni on one hand and the heirs of Jhagru on the other. The heirs of Jhagru filed a suit claiming a share in the property. The suit was contested by the heirs of Bhuni. The question was whether the property belonged to Bhuni and Jhagru jointly or whether it belonged to Bhuni alone. The trial court held that the property belonged only to Bhuni and accordingly dismissed the suit. The first appellate court however took the view that it belonged to both Bhuni and Jhagru. This view was affirmed by the High Court in second appeal.

3. The heirs of Bhuni are now in appeal before us. Learned counsel appearing on behalf of the appellants had drawn the attention of the High

Court to an application under Order 41 Rule 27 of the Code of Civil Procedure which had been filed on 12-9-1989 before the High Court by which the appellants had sought to produce a sale deed in favour of Bhuni and a patta of the suit land in favour of Bhuni.

4. The grievance of the appellants in this appeal is that despite having noted the aforesaid, the High Court did not decide the applicatio

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