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2013 Supreme(Pat) 663

JYOTI SARAN
Satan Singh @ Satya Narain – Appellant
Versus
Gulabehand Sharma – Respondent


Advocates:
For the Appellants : Mr. Binod Kumar Singh.
For the Respondents: Mr. Sanjay Kumar Verma.

ORDER

The appellant has filed this appeal being aggrieved and dissatisfied with the judgment and decree dated 10.02.2010 / 24.2.2010 passed by learned Additional District and Sessions Judge, F.T.C.-I Gopalganj in Title Appeal No. 83 of 1979 /193 of 2009, whereby the appellate court below has partly modified the judgment and decree dated 24.2.1979/19.11.1979 passed by learned Additional Munsif, Gopalganj in Title Suit No. 55 of 1971 by dismissing the suit on contest as against the appellants- 1(A), (B) & (C ) while disposing of the suit on compromise as against the appellant nos. 2 and 3.

2. I shall be referring to the status of the parties as it stood before the trial court.

3. The facts of the case briefly stated is that the suit was filed by the plaintiffs for redemption of the mortgage for the suit property bearing khata no. 34, survey no. 23 and khata no. 20, survey no. 39 having an area of 16 kathas 8 dhurs situated in mauza Barahara, P.S. Bhorey , District-Gopalganj. It was the case of the plaintiffs that the land holders by a registered sale deed dated 01.06.1914 had transferred the suit property in favour of Girija Shukla and Aditya Shukla and also handed over possession to t













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