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2024 Supreme(Pat) 283

KHATIM REZA
Chairman, NJMC Ltd. (Govt. of India Undertaking) – Appellant
Versus
Umesh Kumar Chamaria, Son of Moti Lal Chamaria – Respondent


Advocates Appeared:
For the Appellants :Mr. Shekhar Singh, Advocate
For the Respondents:Mr. Chitranjan Sinha, Sr. Advocate With Mr. Ajay Kumar, Advocate; Mr. Pradeep Kumar, Advocate.

JUDGMENT :

(Khatim Reza, J.) :

Heard Mr. Shekhar Singh, learned counsel for the appellants, Mr. Chitranjan Sinha, learned senior counsel for respondent nos.1 to 4 and Mr. Pradeep Kumar, learned counsel for respondent no. 5 – Union of India.

2. The present appeal has been preferred against the judgment and decreed dated 30-4-2019, passed by learned Sub-Judge-VI, Katihar in Title Suit No. 158 of 2011, whereby the learned Trial Court has decreed the suit on contest but without cost, and declared that the plaintiffs are having a perfect and valid right title and interest over the suit land, and the defendants and their employees, servants, assignee were restrained permanently from interfering the peaceful possession of the plaintiffs over the suit land.

3. Defendants No. 2 and 3 are the appellants, and Plaintiffs are respondent nos. 1 to 4. Defendant No. 3 is the respondent no 5.

4. The plaintiffs filed the aforesaid Title Suit for declaration of title and confirmation of position of the suit land and also for decree of permanent injunction for restraining the defendants from interfering into the peaceful possession of the plaintiffs over the suit lands.

5. As per the case of the plaint

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