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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Jageshwar Yadav son of Late Faudi Yadav – Appellant
Versus
Hari Nandan Yadav, son of Late Shiv Nandan Yadav – Respondent
| Table of Content |
|---|
| 1. clarification of parties and case initiation. (Para 1 , 4 , 8) |
| 2. factual background of ownership and decrees. (Para 2 , 3) |
| 3. arguments regarding encroachment and deeds. (Para 5 , 9 , 10) |
| 4. court's analysis of ownership and boundaries. (Para 6 , 14 , 15) |
| 5. court's decision on encroachment evidence. (Para 11 , 12 , 18) |
| 6. final decision dismissing appeal. (Para 19 , 20 , 21) |
JUDGMENT :
Anubha Rawat Choudhary, J.
Heard the learned counsel appearing on behalf of the appellant.
2. This appeal has been filed against the judgement dated 23.07.2018 (decree singed on 27.07.2018) passed by learned District Judge – I, Dhanbad in Civil Appeal No.32 of 2018, whereby the learned 1st appellate court partly allowed the appeal and directed the defendant to handover the vacant possession of the encroached portion measuring an area of 615 sq. ft. of the land towards eastern side of the house of the plaintiff, failing which the plaintiff would be entitled to recover khas possession through the process of law.
3. The trial court judgement dated 02.02.2018 (decree signed on 12.02.2018) was passed by learned Civil Judge (Junior Division) I Dhanbad, in Title Suit No.99 of 2008, whereby the su
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