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2025 Supreme(Jhk) 2045

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Shankar Gope son of Mahabir Gope – Appellant
Versus
Mohan Lal Khandelwal son of late Rameshwar Lal Khandelwal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :- Mr. Sandeep Verma, Advocate

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard the learned counsel appearing on behalf of the appellant.

2. This Second Appeal has been preferred against the judgment and decree dated 17.12.2021 (decree signed on 03.01.2022) passed by the learned Principal District Judge, Chatra dismissing the Civil Appeal No.24 of 2018 and confirming the judgment and decree dated 23.08.2018 (decree signed on 06.09.2018) passed by learned Additional Civil Judge, Junior Division, Chatra in Original Suit No.04 of 2012.

3. Mr. Verma, the learned counsel appearing on behalf of the appellant submits that Original (Title) Suit No.4 of 2012 was instituted by the appellant/ plaintiff for declaration of possession over the suit property and confirmation that if the plaintiff found dispossessed from the suit land and or any portion thereof during pendency of the suit then possession be restored through process of the court. He further submits that the sale-deed no.4667 dated 29.05.1982 executed by Murari Lal in favour of defendants as well as deed of partition bearing no.5223 dated 09.11.1968 registered before Assurance Kolkata be declared illegal, null and void. He submits that the cost of the suit was also praye

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