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2024 Supreme(Chh) 417

NARENDRA KUMAR VYAS
Banshilal, S/o. Budhram Sahu – Appellant
Versus
Mohammad Javed Ahmad, S/o. Late Shakil Ahmad – Respondent


Advocates Appeared:
For the Appellants : Mr. Kunal Das.
For the Respondents: Mrs. Hamida Siddiqui & Mr. Harsha Verma, Mr. Sanjeev Kumar Agrawal, PL.

JUDGMENT :

1. The appellants/plaintiffs have filed this Second Appeal under Section 100 of the Code of Civil Procedure against the impugned judgment and decree dated 28-8-2017 passed in Civil Appeal No 34-A/2016 by the learned Additional District Judge, Dhamtari, District Dhamtari (Annexure A/1) arising out of judgment and decree dated 22-2-2010 passed by the Civil Judge, Class II, Nagari, District Dhamtari in Civil Suit No.34-A/2008 (Banshilal and others vs. Mohammad Javed Ahmad and others) by which the learned trial Court has dismissed the suit filed by the appellants/plaintiffs.

2. The names of the parties have been described as per their description in the suit.

3. The facts as reflected from record are that the plaintiffs have filed a suit bearing Civil Suit No 34-A/2008 for declaration of title and permanent injunction with regard to suit property situated at village Mukundpur, Patwahi Halka No.8, RNM Sihava, Tahsil Nagari, District Dhamtari bearing Khasra No. 542, 543, 544 and 545 area 0.10, 0.10, 0.02 and 0.03 respectively total 0.25 RA was recorded in the name of Shakil Ahmed who was father of the defendants No.1 and 2. The said suit property was sold orally by Shakil Ahmad t

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