JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. R.N. Sahay, the learned Senior counsel assisted by Mr. Yashvardhan and Ms. Rishika Kaushik, the learned vice counsels appearing on behalf of the appellants and Mr. Sudhir Kumar Sharma, the learned counsel appearing on behalf of the respondent no. 7.

2. On the petition of the appellant vide order dated 24.11.1999, respondent no. 6 was expunged and the appellants were exempted to substitute her legal heirs/successors. By order dated 31.08.2022, the respondent no. 1 was directed to be expunged. The notices upon the respondent nos. 2 and 5 were validly served upon them but they have chosen not to appear in the second appeal. The respondent nos. 3 and 4 have appeared through Mr. V.K. Prasad, the learned counsel appearing for them, however, on repeated call, nobody has appeared on behalf of the respondent nos. 3 and 4 and that is why, this second appeal has been heard.

3. This second appeal has been filed being aggrieved and dissatisfied with the judgment and decree dated 17.06.1998 and 27.06.1998, respectively passed by learned 5th Additional District Judge, Giridih in Title Appeal No. 62 of 1984 whereby he has been pleased to reverse the jud