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2009 Supreme(Pat) 1501

S.N.HUSSAIN
Satya Narain Giri Son Of Late Ram Sagar Giri – Appellant
Versus
Satya Narain Sah, Son Of Late Ram Awtar Sah – Respondent


JUDGEMENT

1. Heard learned counsel for the appellants and learned counsel for respondent no. 1.

2. This second appeal has been filed by the defendants-appellants-appellants challenging the judgments and decree of both the learned courts below.

3. The matter arises out of Title Suit No. 98 of 1993, which was filed by the plaintiffs-respondents-respondents for declaration of their title and recovery of possession of the suit land. The said suit was decreed on contest by the learned Additional Munsif-IV, Siwan, vide his judgment and decree dated 10.1.2001.

4. The said judgment and decree of the trial court was challenged by the defendants in Title Appeal No. 10 of 2000, which was dismissed on contest by the learned Additional District Judge-cum Fast Track Court-1, Siwan, vide his judgment and decree dated 10.12.2007. Against the aforesaid judgments and decree of the learned courts below, the instant second appeal has been filed.

5. Although learned counsel for the appellants vehemently challenges the aforesaid judgments and decree of the learned courts below but it is quite apparent from the aforesaid judgments and decree that the learned courts below, after fully considering the plead



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