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SANJAY KUMAR DWIVEDI, SANJAY KUMAR DWIVEDI
Pushpa Dave @ Devi – Appellant
Versus
Udai Kumar Rajgarhia – Respondent


Advocates:
Counsel for the Parties:
For the Appellants:Mr. Sanjay Kumar Tiwari, Advocate, Mr. Mihir Kunal Ekka, Advocate, Mr. Deepankar, Advocate
For the Respondents:Mr. A.K. Sahani, Advocate

JUDGMENT

Heard Mr. Sanjay Kumar Tiwari, learned counsel for the appellants and A.K. Sahani, learned counsel for the respondents.

2. This second appeal has been filed being aggrieved and dissatisfied with order dated 10.07.2002 passed by the learned District Judge, Dhanbad in Title Appeal No. 72 of 2001 which was preferred against the judgment and decree dated 31.07.1997 passed in Title Suit No. 17 of 1988.

3. The Title Suit No. 17 of 1988 was instituted by the respondents/plaintiffs against the appellants for declaration of their right over the suit property and for confirmation of possession of finding that deed of cancellation dated 02.06.1988 made by the defendants nos. 1 to 6 is illegal and inoperative and is not binding on the plaintiffs and for permanent injunction on the ground that on the basis of deed of gift dated 07.01.1985 executed by defendant no.1 the plaintiffs have acquired a valid right, title and possession. The said suit was decreed in favour of the respondents/plaintiffs. Aggrieved with that first appeal was filed which was dismissed by the learned appellate court vide judgment dated 10.07.2002.

4. The case of the plaintiffs/respondents in plaint is that the sui

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