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1964 Supreme(Pat) 151

H.MAHAPATRA, A.B.N.SINHA
Nilkanth Mahton – Appellant
Versus
Munshi Singh – Respondent


Judgment

1. These two appeals arise out of First Appeal No. 64 of 1952 which was decided by a learned Judge of this Court on the 2nd. December, 1958. Appeal No. 134 is by defendants 1 to 4 and 7 and appeal No. 3 is by defendants 19 to 51 Plaintiffs brought suit for partition of their shares in respect of the properties which they mentioned in the schedules given in their plaint, and their suit was decreed. Against that, defendants 19 to 51 came in appeal to this Court in First Appeal No. 64 of 1952. There those defendants compromised with the plaintiffs and filed a petition of compromise which was recorded by the learned Judge. By the terms of the compromise plaintiffs decree for partition as passed by the trial court was modified to the extent that khata No 889 and plot Nos. 2602, 2606, 0.08 acre out of plot No. 2588 and O.10 acre out of plot No. 2543, all of khata No. 898 and plot No 2542 of khata No. 897 were to be excluded from partition. The first appeal was disposed of as between the plaintiffs and defendants 19 to 51 (who were the appellants) in the terms of the compromise. The appeal stood dismissed as against other respondents, namely, defendants 1 to 18 who were respondent




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