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2019 Supreme(Jhk) 1816

SANJAY KUMAR DWIVEDI
Pramod Kumar Mandal Alias Parmanand Mandal – Appellant
Versus
Paran Mandal, Son Of Late Andhia Mandalain – Respondent


Advocates Appeared:
Srijit Choudhary, Advocate, Partha Pratik Chatterjee, Advocate, Piyush Krishna Choudhary, Advocate, Raj Kumar Sinha, Advocate, Rukmini Kumari, Advocate

JUDGMENT

Sanjay Kumar Dwivedi, J. - Heard Mr. Srijit Choudhary, learned counsel appearing for the appellant and Mr. Piyush Krishna Choudhary, learned counsel appearing for the respondents.

2. This Second Appeal has been filed against the judgment and decree dated 31.10.1990 and 15.11.1990 respectively passed by 2nd Additional District Judge, Deoghar in Title Appeal No. 103 of 1977, whereby, the appeal was allowed and the judgment and decree dated 11.08.1977 and 23.08.1977 respectively passed in Title Suit No. 127 of 1974/02 of 1977 was set aside and the judgment passed by the trial court was reversed by the appellate court.

3. The suit was instituted for declaration that defendant no.3 is not the adopted son of deceased Tentar Mandal and also for declaration that the adoption-deed no. 195 dated 27.07.1972 of Deoghar Sub-Registry Office is forged and fabricated and the same is illegal, inoperative and void deed. A prayer for permanently restraining defendant no.3 or any other person through him, who claim defendant no.3 to be adopted son of deceased Tentar Mandal was also made in the suit.

4. It was the case of the plaintiffs (respondents in the present Second Appeal) before the tria

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