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2024 Supreme(Cal) 1059

SUPRATIM BHATTACHARYA
Arabindu Das – Appellant
Versus
Badal Bera – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Amit Baran Dash, Ankana Sarkar.
For the Respondents: Mahendra Prasad Gupta, Asit Kumar De, Ayan Mitra, Susmita Senapati.

JUDGMENT :

SUPRATIM BHATTACHARYA, J.

1. The appellants herein have preferred the instant appeal being aggrieved by and dissatisfied with the judgment passed by the Ld. Civil Judge (Sr. Divn.) 1st Court Contai, in Title Appeal No. 37 of 2011. Through the said judgment the Ld. First Appellate Court has been pleased to dismiss the appeal on contest without any order as to cost.

2. The appellants herein were the plaintiffs before the Ld. Trial Court and the appellants before the Ld. First Appellate Court while the respondents herein were the defendants before the Ld. Trial Court and respondents before the Ld. First Appellate Court.

3. Facts before the Trial Court:

    The appellants/plaintiffs instituted the instant lis in the year 2008 by filing a title suit being Title Suit No. 27 of 2008 praying for declaration and injunction in respect of the properties mentioned in the schedule A and schedule B of the plaint.

The respondents/defendants contested the said suit by filing written statement and controverted the claim of the appellants/plaintiffs and in addition to that has prayed counter claim in respect of the schedule properties.

On the basis of the pleadings the Ld. Trial Judge framed the fol

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