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2019 Supreme(Pat) 1996

S. KUMAR
Usha Chand – Appellant
Versus
Uday Singh – Respondent


Advocates:
For the Appellants : M/s J.S. Arora, Sr. Adv., Manoj Kumar.
For the Resp. No. 1 : M/s Siya Ram Sahi, Sandip Kumar, V.M.K. Singh.
For the Resp. Nos. 5, : M/s Chandra Kant,
10 & 11 Navin Kumar, Dhirendra Kumar.

S. KUMAR, J.:–Heard the parties.

2. This miscellaneous appeal has been filed on behalf of plaintiffs/appellants against the judgment and order dated 13.05.2013 passed by 1st Additional District Judge, Purnea in Title Appeal No. 25 of 2010 by which the learned 1st appellate court has remanded the matter to the trial court after setting aside the judgment and decree of the trial court and framed two issues to be determined by the trial court as well as liberty to trial court to frame any other issue if found necessary after filing of written statement by defendant 3rd party.

3. Plaintiffs/appellants had filed suit for declaration of their right, title, interest and possession over the suit property as detailed in Schedule-A of the plaint and further for declaration that the entry made in the name of State of Bihar in the Municipal Survey Records is wrong and incorrect and same is to be deleted and recorded in the name of plaintiff as he has got valid title and possession over the suit property.

4. The case of the plaintiff as set out in the plaint is that Late Beer Narain Chand was the common ancestor of plaintiff and defendant 2nd party and defendant 3rd party who owned and possessed t

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