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2024 Supreme(Jhk) 404

SANJAY KUMAR DWIVEDI
Anjana Rai – Appellant
Versus
Kisto @ Krishna Chandra Rai – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Kaushal Kishor Mishra, Advocate

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

Heard Mr. Kaushal Kishor Mishra, learned counsel for the appellants.

2. This appeal has been filed against the judgment dated 02.07.2016 passed by the learned Principal District Judge, Jamtara in Title Appeal No.69 of 2015 dismissing the appeal and affirmed the judgment dated 26.11.2015 and decree signed on 07.12.2015 passed by the learned Civil Judge (Senior Division)-I, Jamtara in Title Suit No.45 of 2007.

3. The plaintiffs/appellants instituted the suit with the prayer to declare that the defendant no.1, namely, Kisto @ Krishna Chandra Rai was never adopted by Mahavir Rai and the alleged deed of adoption is illegal, void and not enforceable in law. The further prayer was made in the suit for cancellation of the alleged deed no.76 of 1985 registered at Jamtara Sub- Registration Office. The prayer was also made for perpetual injunction restraining the defendant- Kisto @ Krishna Chandra Rai from claiming as adopted son of Mahavir Rai since deceased. The further prayer was made for cost of the suit.

4. The case of the plaintiffs/appellants before the learned Trial Court was as under:

    The plaintiffs and others are Jamabandi raiyat of mouza Kurta, Lakshmi

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