N.V.RAMANA, MOHAN M.SHANTANAGOUDAR
Ram Nagina Rai – Appellant
Versus
Deo Kumar Rai (Deceased) by LRs. – Respondent
ORDER :
1. This appeal is directed against the judgment and order dated 17.10.2003, passed by the learned Single Judge of the High Court of Judicature at Patna in Second Appeal No. 403 of 1998. By the impugned judgment, the High Court confirmed the judgment and decree dated 30.06.1998 passed by the 9th Additional District Judge, Bhojpur at Arrah in Title Appeal No. 26/97.
2. The records reveal that the appellants being the plaintiffs in Title Suit No. 64/89 in the court of Munsif III, Arrah (Bhojpur) filed a suit for declaration of title and recovery of possession in respect of the suit house situated over new Plot No. 2909 under new Khata No. 699, area measuring 10 decimals. The suit came to be decreed by the Trial Court in favour of the plaintiffs. The contesting defendants filed Title Appeal No. 26/97 9th before the Additional District Judge, Bhojpur at Arrah, which came to be allowed, setting aside the judgment of the Trial Court; consequently, the suit of the appellants herein was dismissed. The judgment of the District Court, i.e. the First Appellate Court, dated 30.06.1998 was confirmed by the High Court in second appeal on 17.10.2003. Thus, the unsuccessful plaintiffs are bef
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