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1984 Supreme(Pat) 94

P.S.MISHRA
Chandeshwar Sharma – Appellant
Versus
Jaikishore Sharma – Respondent


Judgment

1. The plaintiffs, in a suit for partition being Title Partition Suit No. 371 of 1973 of the Court of the Additional Subordinate Judge, Hajipur, have moved this Court under sec. 115 of the Code of Civil Procedure (hereinafter referred as the Code) against an order dated 10-9-197(sic) accepting the compromise and directing for the disposal of suit in terms thereof. The plaintiffs, that is to say, the petitioners and Respondent Nos. 5 to 8 filed the suit for partition of the properties described in Schedule-I to the plaint and further for declaration that four sale deeds, dated 2-4-1968, executed by one Lalbati Devi and Ram Dulari Devi in favour of defendants Nos. 1, 2, 3 and 4 (opposite party) were inoperative and void. The defendants-opposite party appeared and filed their written statement. The said suit was decreed on 26-7-(sic) by the learned Subordinate Judge against the contesting defendants with costs and all the four sale deeds dated 2-4-1968 executed by Mosst. Lalbati Devi and Ram Dulari Devi in favour of defendants Nos. 1 to 4 were declared inoperative. Against this preliminary decree, the defendants preferred an appeal, but on the statement that the suit was going





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