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2014 Supreme(Chh) 289

SANJAY K.AGRAWAL
Raj Mohan Dewangan – Appellant
Versus
State of C. G. – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Parag Kotecha, Advocate
For Respondents/Defendant:Vinay Harit, Dy. Advocate General

JUDGMENT

Sanjay K. Agrawal, J.

1. Invoking the second appellate jurisdiction of this Court under Section 100 of the Code of Civil Procedure, 1908 (in short "CPC") against the impugned judgment and decree dated 21-1-2002 passed by First Additional District Judge, Jagdalpur, District Bastar in Civil Appeal No. 40-A/2001 affirming the judgment and decree dated 11-5-2001 passed by Civil Judge, Class II, Narayanpur, Bastar in Civil Suit No. 4-A/1988 dismissing the suit of the plaintiffs, the instant appeal has been filed.

[For sake of convenience, the parties would be referred hereinafter as per their status shown in the plaint before the Trial Court.]

Brief facts necessary for adjudication of this second appeal are as under:--

"2.1. The plaintiffs commenced an action seeking decree of declaration that order dated 24-2-1988 passed by respondent No. 3-Naib Tehsildar is null and void and plaintiffs be declared owner and title holder of the suit on the basis of adverse possession.

2.2. The defendants/State filed written statement on 18-4-1988, thereafter; they proceeded ex parte and ultimately, ex parte decree was passed on 27-3-1991, decreeing the suit in favour of the appellants/plaintiffs. On


































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