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2022 Supreme(Chh) 206

NARENDRA KUMAR VYAS
Ramesh Kumar S/o Chinta Ram Sahu – Appellant
Versus
Habib Khan S/o Nazeer Khan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Manoj Paranjpe, Advocate
For the Respondent: Ms. Ishwari Ghritlahare, Panel Lawyer

JUDGMENT :

1. The instant Second Appeal filed under Section 100 of CPC is directed against the judgment and decree dated 21.08.2012, passed by the Additional District Judge, Mahasamund, in Civil Appeal No. 5-A/2012, whereby the plaintiff's/appellant's appeal has been dismissed affirming the judgment and decree dated 13.02.2009, passed by 1st Civil Judge, Class I, Mahasamund, in Civil Suit No. 4-A/2009. The plaintiffs filed the suit for declaration that he is entitled to get the title over the suit land by adverse possession and for grant of permanent injunction restraining the defendants in the suit property.

2. For the sake of convenience, parties hereinafter will be referred as per their status and ranking given in the plaint before the trial Court.

3. Brief facts necessary for disposal of this appeal are that, the plaintiff and defendant No.1 to 5 have properties situated at village Kanpa, P.H. No. 136/83 measuring area about 0.24 hectare. On 05.07.2004, the property was jointly recorded in the revenue record in the name of both the parties. On 04.06.2004, the defendants No.1 t

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