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2022 Supreme(All) 371

Bachchi Devi – Appellant
Versus
3rd Addl. District Judge Balrampur – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Virendra Mishra, Shradha Mishra
For the Respondent: Mohd. Ali

JUDGMENT :

1. This petition has been filed praying for setting aside the order dated 25.10.2019 and the order dated 02.07.2019 passed by the learned Appellate Court in Civil Appeal no.02 of 2014 and the order dated 28.01.2014 passed by learned Trial Court in Regular Suit No.478 of 2011.

2. Heard Sri Virendra Mishra, learned counsel for the petitioner and Sri Md. Ali, learned counsel for the respondent no.3.

3. The case set up by the petitioner before this Court is that as per the pedigree given in paragraph-3 of the petition, one Jagannath was the owner of two houses situated adjacent to each other. He had two sons, namely, Chhailbihari and Lalta Prasad, both are now dead. Chhailbihari had one son Ram Pratap, who has been arrayed as respondent no.3 and Dwarka Prasad also had one son who was differently abled and died a long time ago and the petitioner is the widow of Dwarka Prasad. There are two houses situated adjacent to each other. The house of the petitioner is existing in a single storey in a dilapidated condition, whereas the house of the respondent no.3 situated next to it is double storey and has a shop also in it. Whereas the house of the respondent no.3 has all basic ameniti

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