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1993 Supreme(Pat) 367

NAGENDRA RAI
Ram Tiwary – Appellant
Versus
Bholi Devi – Respondent


Judgment

1. The present revision application has been filed by the plaintiffs-petitioners against the order dated 17-12-1992 passed by Ist Subordinate Judge, Vaishali at Hajipur in Title Suit No. 170 of 1991 staying the suit till the disposal of First Appeal No. 211 of 1981 pending before this Court.

2. The foundational facts essential for disposal of the present revision application are as follows :

The plaintiffs-petitioners filed the aforesaid suit for declaration that they have absolute right, title and interest over the properties described in schedule III of the plaint for recovery of possession regarding land described in schedule I, for confirmation of possession over the land described in schedule II of the plaint and alternatively for recovery of possession if they are found dispossessed from schedule II land during the pendency of the suit and for injunction restraining the defendants from making any construction over the land described in schedule II of the plaint.

3. The plaintiffs"case, in brief, is that plot No. 229, Khasra No. 136 in Mohalla Bagtaj Khan alias Pokhara within Hajipur town measuring 931/2 decimals equivalant to 21 Kathas 10 dhurs belonged to Gauri Shank





















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