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2018 Supreme(Jhk) 1316

SHREE CHANDRASHEKHAR
Dinesh Kumar Sahu – Appellant
Versus
Urmila Devi, wife of Dinanath Prasad – Respondent


Advocates Appeared:
For the Petitioners:Mr. Indrajit Sinha, Mr. Arpan Mishra, Advocate
For the Respondents:Mr. R.S. Mazumdar, Sr. Advocate, Mr. Pratik Sen, Advocate

JUDGMENT :

The petitioners are aggrieved of orders dated 24.01.2005, 08.12.2006, 05.09.2007 and 12.06.2008. By order dated 24.01.2005, the application for restoration of the suit was dismissed and by the order dated 05.09.2007, the application for setting-aside the abatement was dismissed. The other two orders are the appellate orders.

2. Briefly stated, Title Suit No.50 of 1993 was instituted by the petitioners’ father namely, Srikant Sao @ Srilal Sahu for a decree for declaration of his title over the landed property described in schedule-B of the plaint and for confirmation of his possession over the suit land on cancellation of the sale-deed, if any, executed in favour of the defendants. The plaintiff has pleaded that he has purchased the suit land from the legal heirs of the recorded tenant namely, Hiru Gope through a registered sale-deed dated 06.10.1959 and he came in peaceful possession over the suit land. However, during the revisional survey operation the defendant nos.1 to 4 claiming that they are purchasers of the suit land through sale-deed executed by Kali Charan Gope started interfering with the plaintiff’s possession over the suit land. The defendant no.4 namely, Rabi























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