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2022 Supreme(All) 659

SUBHASH VIDYARTHI
Shantisaran – Appellant
Versus
Sadiq Hasan alias Nibbar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Dinesh Kumar Mishra, Dinesh Kr. Chaudhary
For the Respondent: A.Z. Siddiqui

JUDGMENT :

1. Heard Sri Dinesh Kumar Mishra, Advocate, the learned counsel for the appellants and Sri A.Z. Siddiqui, Advocate who has filed a caveat on behalf of the plaintiff - respondent no. 1.

2. By means of instant second appeal filed under Section 100 of the Code of Civil Procedure, the appellants have challenged the validity of the judgment and decree dated 30.04.2022 passed by the learned District Judge, Balrampur in Civil Appeal No. 19 of 2018 filed under Section 96 of the Code, whereby the first appeal filed against the judgment and decree dated 24.07.2018 passed by the learned Civil Judge (Junior Division), Balrampur in Regular Suit No. 98 of 1987, has been allowed and the judgment and decree of dismissal of suit passed by the learned trial court has been set aside and reversed and the suit has been decreed.

3. The aforesaid suit had been filed by Late Amir Hasan, the predecessor in interest of the respondent no. 1 and 2, pleading that the house and other structures existing on the land shown in the map forming a part of the plaint belong to the plaintiffs and the remains of the structures are still lying on the aforesaid land, which is an abadi land and the land continues t

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