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2010 Supreme(All) 1527

RAKESH SHARMA
NANHEY LAL – Appellant
Versus
CHANDRIKA PRASAD – Respondent


Advocates:
Counsel :
Rajeev Misra for the Appellants; A.R. Pandey, Shyamal Narain, Somesh Khare and Smt. Komal Khare for the Respondents.

JUDGMENT

Hon’ble Rakesh Sharma, J.—Since both the Second Appeals have been preferred against the same judgments passed by the Courts below dismissing the Original Suit as well as counter claim set up by the Defendants and the two Civil Appeals, these Second Appeals are being decided by one and common judgment.

2. These Second Appeals have come up before this Court for admission today.

3. Heard Sri Rajeev Misra, learned counsel for the appellants and Sri Somesh Khare, Smt. Komal Khare and Sri Shyamal Narain, learned counsel for the respondents as well as perused the materials on record, including the, judgments rendered by the trial Court, that is, Civil Judge (Junior Division), East, Ballia and the Lower Appellate Court, that is, the III Additional District Judge, Ballia.

4. These Second Appeals have been preferred assailing the judgment and decree dated 20.1.2009, rendered by the Lower Appellate Court dismissing two Civil Appeals, filed by the appellants herein, that is, Civil Appeal No. 11 of 1998, Ram Prasad and others v. Chandrika Prasad and others and Civil Appeal No. 12 of 1998, Nanhe Lal and others v. Chandrika Prasad and others, to challenge the judgment and decree rendered































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