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KHATIM REZA
Deonandan Yadav @ Deonarayan Yadav – Appellant
Versus
Baliram Gop – Respondent
Khatim Reza, J. – Heard learned counsel for the appellants and learned counsel for the respondent.
2. This Second Appeal has been filed by the defendant/appellants/appellants against the judgment and decree dated 20.06.2019 passed in Partition Title Appeal No. 18 of 2008/115 of 2018 by the Additional District Judge-III, Aurangabad, whereby, the learned Appellate Court has affirmed the judgment and decree dated 30.04.2008 passed by the Sub-Judge-I, Aurangabad in Partition Suit No. 172 of 2004, decreeing the suit of the plaintiff/respondent.
3. In this appeal, the following substantial questions of law have been formulated for determination: –
(I) Whether the learned Appellate Court passed the judgment in violation of mandatory provision of law under Order XLI Rule 31 of Code of Civil Procedure when it did not formulate any point of determination?
(II) Whether the decision of the learned Appellate Court is not supported by the independent reasons as while affirming the judgment and decree of the learned Trial Court, the learned Appellate Court has just copied the decision made by the learned Trial Court.?
4. In order to gauge the matter in its correct perspective, it is necessary to brie
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