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2023 Supreme(Pat) 833

ARUN KUMAR JHA
Sarwan Kumar – Appellant
Versus
Amrendra Kumar – Respondent


Advocates appeared:
For the Appellant : Mr. Deepak Kumar Singh.
For the Respondents: None.

Arun Kumar Jha, J. – Heard the learned counsel for the appellant on the point of admission.

2. The appellant has filed this second appeal under Section 100 of the Code of Civil Procedure feeling aggrieved and dissatisfied with the judgment and decree dated 22.12.2014 passed by the learned Additional District Judge, Sheikhpura in MTA No.9 of 2013 whereby while dismissing the appeal, the learned appellate court affirmed the judgment dated 22.02.2013 and decree dated 06.03.2023 passed by the learned Munsif, Sheikhpura in Title Suit No.18/2010.

3. From the records, it appears the appellant was plaintiff before the learned trial court and the appellant before the first appellate court.

4. The appellant and the respondent nos. 2 and 3 purchased a piece of land each on Plot No.439 and several other persons have also purchased the land in the said plot. The purchased land of the appellant is stated to be 75/32 decimals and the respondents’ purchased land is 13 decimals. The case of the appellant is that the house of the respondents is situated in the northern boundary of the house of the appellant and both sides have entered into a written agreement dated 05.12.2002 that the appellant would l

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