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2023 Supreme(Jhk) 130

SANJAY KUMAR DWIVEDI
Ashoka Dey W/o Late Chatur Kanai Dey – Appellant
Versus
Chaya Dey W/o Late Chandi Dey – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sidhartha Roy.
For the Respondents: Vishal Kumar Tiwari, K.K. Mishra.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Sidhartha Roy, learned counsel appearing for the appellants and Mr. Vishal Kumar Tiwari, learned counsel appearing for the respondents.

2. The present second appeal has been filed being aggrieved and dissatisfied with the judgment dated 31.05.2012 and the decree dated 14.06.2012, passed in Title Appeal No. 09 of 2010, by the learned Principal District Judge, Jamtara, whereby the appeal has been dismissed and the judgment dated 05.10.2010 and decree dated 24.10.2010, passed by learned Sub-Judge-I, Jamtara, in Title Suit No. 42 of 1993 has been affirmed.

3. The appellants instituted the suit for declaration of their right, title and interest over the properties prescribed in Schedule-A, B and C of the plaint and further for declaration that the defendants first party and second party have absolutely no right over the land in suit and also for recovery of possession of properties and confirmation of possession besides other reliefs and cost of the suit.

4. The learned trial court, in Title Suit No. 42 of 1993, after appreciating the evidences i.e. oral as well as documentary, by the judgment dated 05.10.2010 has dismissed the said title suit

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