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2012 Supreme(Pat) 1552

MUNGESHWAR SAHOO
Brij Kishore Chaubey – Appellant
Versus
Ram Karan Singh Yadav – Respondent


Advocates Appeared:
For the Appellant/s : Mr. Satish Kumar, Mr. Ashok Kumar

ORAL ORDER

1. Heard the learned counsel, Mr. Radha Mohan Pandey appearing on behalf of the appellant under Order 41 Rule 11 C.P.C.

2. The plaintiff-appellant-appellant has filed this Second Appeal against the judgment and decree dated 19.03.2008 passed by learned Additional District Judge, F.T.C. IV, Kaimur at Bhabhua in Title Appeal No.27 of 2005/19 of 2005 dismissing the appeal and confirming the judgment and decree dated 31.05.2005 passed by Sub Judge II, Bhabhua in Title Suit No.252 of 1998/107 of 2003.

3. It appears that the plaintiff-appellant-appellant filed the aforesaid title suit for declaration that the registered sale deed no.10411 dated 30.10.1998 executed by defendant no.2-respondent no.2 in favour of defendant no.1-respondent no.1 is inoperative, illegal, without consideration and not binding on the plaintiff.

4. The plaintiff claimed the aforesaid relief alleging that the defendant no.2 sold the suit property which is joint family property without the consent of the other coparceners.

5. The defendants filed the contesting written statement alleging that there had already been severance of status of co-parcenery and there had already been separation in the family lo






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