JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Kundan Kumar Ambastha, learned counsel for the appellants and Mr. Sudhir Kr. Sharma, learned counsel for the respondent no. 1.

2. Though, the second appeal has not been admitted as yet however, Mr. Sudhir Kr. Sharma, learned counsel appeared on behalf of the respondent no. 1 suo motu.

3. This second appeal has been filed being aggrieved and dissatisfied with judgment dated 10th September, 2012 (decree signed on 28.09.12) passed by the learned Principal District Judge, Chatra in Title Appeal No. 20 of 2011 whereby the learned trial court has been pleased to allow the appeal preferred by the respondent/plaintiff against the judgment dated 29.08.2011 (decree signed on 12.09.2011) passed by the learned Munsif, Chatra in Title Suit No. 06/2003 whereby the suit of the plaintiffs and counter claim of the defendant no. 4 has been dismissed.

4. Title Suit No. 06 of 2003 was instituted by the respondent/plaintiff for declaration of right, title and confirmation of possession over the suit land described in schedule A of the plaint. Further prayer was made for permanent injunction, cost of the suit and any other relief.

5. Defendant nos. 4 to 6 have