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2023 Supreme(Jhk) 813

ANIL KUMAR CHOUDHARY
Nityananda Mahto – Appellant
Versus
Khogen Mahato – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Rohitashya Roy, Vibhor Mayank.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This second appeal has been preferred under Section 100 of Code of Civil Procedure against the judgment and decree dated 04.12.2015 passed by the learned District Judge-V, Jamshedpur in Title (P) Appeal No. 26/2009 whereby and where under, by the said judgment of concurrence, the learned first appellate court has dismissed the appeal and upheld the judgment and decree passed by the learned trial court being the court of Subordinate Judge-VI, East Singhbhum, Jamshedpur in Title (P) Suit No. 80 of 2003 dated 28.09.2007.

3. The case of the plaintiffs in brief is that the plaintiffs and the defendants are co-sharers and descendants of common ancestor Budhu Mahto and they are governed by Mithakshara School of Hindu law. The suit property is still joint at the time of filing of the suit. Bistu Mahto was the karta of the family and all the documents in respect of the suit property were in his possession and he was looking after the affairs of the joint property and now these documents are in possession of the grandsons of Bistu Mahto who are defendant nos. 1 and 2. It is the further case of the plaintiffs that due to expansion of th

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