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2014 Supreme(Pat) 605

KISHORE KUMAR MANDAL
Parmanand Yadav – Appellant
Versus
Jagdeo Yadav – Respondent


Advocates Appeared:
For the Appellant/s : Mr. Pramod Kumar Sinha Mr. Arbind Kumar Sharma Mr. Chetan Kumar
For Respondent nos.1 to 3 Mr. Kishore Kr. Thakur

ORAL ORDER

The plaintiffs have filed the present appeal under section 100 of the Code of Civil Procedure aggrieved by the judgment and decree dated 29.05.2012 and 07.06.2012, respectively passed by the Ad hoc Addl. District Judge, 2nd, Lakhisarai in M.T. Appeal No.16 of 2007 whereby the judgment and decree dated 21.04.2007 and 28.04.2007 respectively passed by the learned Munsif, Lakhisarai in T.S. No. 68 of 1991 was affirmed.

2. For the sake of convenience, the parties shall be referred by their status at the trial.

3. The plaintiffs filed the suit seeking a declaration that the property set out in schedule-I belongs to the share of the appellants and the defendant 2nd set has no concern with the same. They also sought that the original deed dated 20.07.1991 (Ext.B) pending registration be called for and set aside. As per the plaintiffs’ case, the original defendant no.4 (now represented by his L.R., respondent nos. 4 to 7) along with the plaintiffs and respondent no.8 constituted a joint family governed by Mitakshara School of Hindu Law. Sudama Yadav being the head of the family died on 29.05.1974 leaving behind three sons in the state of jointness but subsequently nucleus of joi







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