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2016 Supreme(Pat) 920

ADITYA KUMAR TRIVEDI
Rabindra Kumar (Paswan), son of Late Ram Nandan Prasad (Paswan) – Appellant
Versus
Sunita Devi – Respondent


Advocates Appeared:
For the Petitioners: Mr. Dhanendra Chaubey
For the Respondents: Mr. Arabind Nath Pandey

JUDGMENT :

Heard the parties.

2. Petitioners are the defendant no. 1 to 3 before the learned lower court. They are aggrieved by an order dated 30.03.2010 passed by Sub-Judge-XII, Patna in Title (Partition) Suit no. 118 of 2013.

3. Although, there happens to appearance of all the respondents but during the course of hearing, only respondent no. 3 is being represented.

4. Respondent no. 1 and 2 filed the aforesaid Title (Partition) Suit no. 118 of 2013 asking for following reliefs :-

1. Upon adjudication of the facts and circumstances stated above, the share of the Plaintiff no. 1 in the house and landed property in suit fully described in Schedule no. 1 to the plaint be decided.

2. After granting the relief no. 1 to the plaintiff no. 1 or deciding the share of the plaintiff no. 1 in the suit properties, Takhtabandi may be made in the suit properties according to the decree in favour of the plaintiff no. 1.

3. The plaintiffs may be put in possession of the allotted share of land and house to the plaintiff no. 1 through the process of the Court.

3A. It may be declared that the alleged sale deed dated 19.01.2003 is a forged, fraudulent, false fabricated, fogus, illegal, void, inoperative, moti










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