Ramdhan Bedia vs Chopni Devi - 2023 Supreme(Jhk) 196

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2023 Supreme(Jhk) 196

SANJAY KUMAR DWIVEDI
Ramdhan Bedia – Appellant
Versus
Chopni Devi – Respondent

Advocates:
Advocate Appeared:
For the Appellants : R.N. Sahay, Yashvardhan, Y.P. Pathak, Rishika Kaushik.
For the Respondent: Ashok Kumar Sinha.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. R.N. Sahay, learned senior counsel appearing for the appellants and Mr. Ashok Kumar Sinha, learned counsel appearing for the contesting respondents.

2. This second appeal has been filed being aggrieved and dissatisfied with the judgment dated 30.09.2002 and the decree following thereupon signed on 08.10.2002, passed in Title Appeal No. 02 of 2001, by the learned ADJ-VII, Hazaribag, dismissing the said appeal and thereby confirming the judgment dated 12.09.2000 and the decree signed on 22.09.2000, passed in Partition Suit No. 45 of 1993, by the learned Addl. Sub Judge, Hazaribag.

3. The appellants/plaintiffs have instituted the Partition Suit No. 45 of 1993 for a decree of partition of 1/2 share in the suit property detailed in Schedule-B of the plaint. Further prayer has been made for declaration of their full right over khata No. 32 detailed in Schedule-C of the plaint and also the cost of the suit.

4. On framing of the issues and on contest, the partition suit, being Partition Suit No. 45 of 1993, filed by the appellants/plaintiffs was dismissed by the learned trial court by judgment dated 12.09.2000. Aggrieved by that, the appellants/p

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