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MUNGESHWAR SAHOO
Bhola Nath Mishra – Appellant
Versus
Most. Dhari Devi – Respondent
The plaintiffs-appellants have filed this first appeal against the judgment and decree dated 16.12.1995 passed by the learned Sub-Judge-I, Bhabua in Title Suit No.149 of 1993 whereby the learned trial court dismissed the plaintiffs’ suit for partition.
2. The plaintiffs-appellants filed the aforesaid suit claiming 1/3rd share in the suit property. The simple case of the plaintiffs is that Nageshwar Mishra, the common ancestor, had four sons, namely, Late Harihar Mishra, Late Nand Kishor Mishra, Late Badri Nath Mishra and Late Ram Kishor Mishra. The plaintiffs are the descendents of Late Badri Nath Mishra. All the properties of Nageshwar Mishra were partitioned by registered deed of partition dated 02.01.1990 between the four branches. In this partition the share of four branches were defined to the extent of 1/4th in the property of Nageshwar Mishra. Out of four branches, Praduman Mishra, son of Late Nand Kishor Mishra took away his 1/4th share by partitioning the properties by metes and bounds. The rest three branches remained joint. There had been no partition between them. If defendants have created any document, it is forged and fabricated document is not binding on th
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