IN THE HIGH COURT OF JUDICATURE AT PATNA

SA No.87 of 2006

Dashrath Gope @ Dashrath Yadav son of Late Lala Gope,

resident of Mohalla-Dariyapur, Birla Mandir Road,

Patna, P.S. Pirbahore, District-Patna.

…………….Defendant-Appellant-Appellant.

Versus

Sheopujan Gope @ Sheopujan Yadav, son of Late Lala Gope,

resident of Mohalla-Dariyapur, Birlamandir Road, Patna,

P.S.-Pirbahore, District-Patna.

………. .Plaintiff-Respondent-Respondent.

For the appellant : Mr. Nawal Kishore Singh, Advocate.

For the respondent : Mr. Anjani Kumar, Birendra Kumar and Sudhir

Kumar Upadhyay, Advocates.

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20.11.2008

Heard learned counsel for the appellant and learned counsel

for the respondent.

This second appeal has been filed on behalf of the sole

defendant-appellant-appellant challenging the judgments and decree of

the learned courts below.

The matter arises out of Title Partition Suit No. 71 of 1998,

which was filed by the sole plaintiff-respondent-respondent for

partition of the suit property claiming that both the parties were full

brothers being the sons of Late Lala Gope and