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2012 Supreme(All) 1106

SABHAJEET YADAV
KAILASHPATI DEVI – Appellant
Versus
JAMUNA PRASAD JAISWAL – Respondent


Advocates:
Counsel :
P.S. Chaudhary, P.P. Chaudhary and Rajesh Yadav for the Petitioner; S.C. and H.P. Mishra for the Respondents.

JUDGMENT

Hon’ble Sabhajeet Yadav, J.—Heard learned counsel for the petitioners and learned counsel for the contesting respondents as well as learned Standing Counsel.

2. By this petition, the petitioners have challenged the judgment and order dated 9.3.2005 passed by the Civil Judge (Junior Division), Gorakhpur, in Original Suit No. 1173 of 1999 contained in Annexure 4 to the writ petition, whereby the amendment application dated 16.3.2002 filed by the plaintiff-respondents has been allowed and the order dated 29.11.2005 passed by the Additional District Judge, Gorakhpur, whereby Civil Revision No. 107 of 2005 of defendants-petitioners has been dismissed.

3. The relevant facts of the case in brief are that respondent No. 1 Jamuna Prasad Jaisawal, late Basudev son of late Ramagya Prasad and Sadho Saran (respondent No. 5) son of late Ramagya Prasad, have instituted a suit against petitioner No. 1. Smt. Kailaspati Devi, petitioner No. 2 Pingal Prasad son of Ram Dularey and one Shri Pramod respondent No. 6, claiming relief of possession over the house detailed at the foot note of the plaint. Further relief claimed was that the petitioners/defendants may be directed to give a sum of Rs.


































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