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2019 Supreme(Jhk) 708

S.N.PATHAK
Kapildeo Narayan Agarwal – Appellant
Versus
Seba Agarwal – Respondent


Advocates Appeared:
For the Appellants : Mr. Praveen Akhouri, Ms. Archana Kumari Singh, Adv.
For the Respondents: Mr. Ajay Kumar Singh, Mr. Anjani Kumar, Adv.

JUDGMENT :

S.N. Pathak, J.

Heard the parties.

2. This appeal has been preferred against the judgment and decree dated 29.09.2018 (decree sealed and signed on 12.10.2018), passed by learned District Judge-I, Rajmahal in Title Appeal No. 16 of 2017, confirming the judgment and decree dated 30.06.2017 (decree sealed and signed on 10.07.2017), passed by learned Trial Court in Original Suit No. 13 of 1986.

3. The case of the plaintiff before the learned Trial Court was that the original plaintiff, late Gour Narayan filed Title Suit No. 13 of 1986 seeking reliefs for grant of decree of mandatory injunction directing the defendants to vacate the suit property. The plaintiff had also sought for grant of permanent injunction for restraining the defendants/ appellants from dispossessing the plaintiffs/ respondents from the suit property. It had been further pleaded that one Dharm Narayan Das (father of the original plaintiff i.e. Gour Narayan) was a renowned Lawyer and had acquired various landed properties out of his income from legal profession and the present suit property was also a part of his self-acquired properties. The original plaintiff had elaborated his case by making specific pleadi

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