CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

6 19-01-2026 Heard Mr. Jitendra Prasad Singh, learned senior counsel assisted by Mr. Rajeev Kumar, learned counsel for the appellants.

2. This second appeal has been filed against the judgment of affirmance dated 27.05.2017 passed in Title Appeal No. 40 of 2012 by learned 1^st Additional District Judge, Araria, whereby the judgment and decree dated 31.07.2012 passed by learned Sub-Judge-1, Araria in Title Suit No. 110 of 2009 has been upheld.

3. This Second Appeal has been filed by the defendants/appellants/appellants.

4. The plaintiff filed Title Suit No. 110 of 2009 for partition of her half share in the suit land mentioned in Schedule-A of the plaint and carving out the said share by appointing Survey Knowing Pleader Commissioner.

5. The case of the plaintiff is that the suit land belongs to common ancestor of the plaintiff and defendant 1^st party, namely, Doman Pandit much prior to R.S. operation consisting him and his sons Rupan Pandit and Bhutai Pandit being the members of Joint Hindu Mitakshara Family who had been coming in joint possession over the same. Thereafter, Rupan pandit died leaving behind his son Ganeshi Pandit and Bh