ARUN KUMAR Vs. ANIL KUMAR

JUDGEMENT

(1.) This is defendants? appeal challenging the Judgment and Decree dated 7.10.2006 passed in O.S.No.10/2006 on the file of Civil Judge [Sr.Dn.] at Aland.

(2.) This brief facts leading to this appeal are as under:- Appellants 1 and 2 are defendants 1 and 2 and respondents 1 to 3 are plaintiffs 1 to 3 in the Court below. For the sake of convenience, the parties are referred according to their ranking found in the Court below.

(3.) Regarding succession, the defendants contend that, it is already decided in P & SC NO.2/2003. The plaintiffs being party to the same, have not challenged the finding against the plaintiffs. Thereafter, they cannot now seek adjudication of their alleged right to succession in this proceedings. The suit of the plaintiffs according to defendants is not maintainable and the suit schedule properties are not absolute properties of Late Kupendra Koralli, they are ancestral property and are not in joint possession of plaintiffs and defendants, as they were not the members of same family.