SUDHANI BAI Vs. PARASNATH

JUDGEMENT

(1.) This appeal has been preferred by the Plaintiffs' against the order dated 14.02.2005 passed by the 1st Additional District Judge, Ambikapur in Civil Appeal No.5-A/2005, by which, the lower appellate Court has rejected the application for condonation of delay in preferring the appeal under Section 96 of the Code of Civil Procedure (hereinafter referred to as the 'CPC') and consequent upon that, dismissed the appeal.

(2.) Briefly stated the facts of the case are that the Plaintiffs instituted a suit claiming declaration of title and injunction with regard to the property in question described in plaint Schedule-'A' situated at village Deogarh, Tehsil-Sitapur, District Surguja by submitting inter-alia that one Ghurwin was the owner of the suit property, who had four sons, namely, Bulchu, Teju, Marha and Kolai. After the death of Ghurwin, his four sons separated by getting their shares. The plaint Schedule-'A' property was of late Kolai while property described in plaint Schedule-'B' was of late Bulchu. The said Bulchu has also acquired some land other than the property mentioned in Schedule-'B' which he sold to Thaula, Jairam, Turi, Gathiyaram, Dhamna, Modi, Sudhu and Ratna and thereafter he settled at village Bhanwradand. The lands of Schedule 'A' and 'B' were being cultivated by the successors of late Kolai. According to further averments made in the plaint, the plaint Schedule-'A' property is the exclusive property of Plaintiffs, however, Defendants after getting the property in partition among successors of late Kolai and Bulchu started interfering in their peaceful possession. The Plaintiffs have, therefore, been constrained to file the suit in the instant nature.

(3.) The aforesaid suit was contested by the Defendants and after considering the evidence led by the parties, the trial Court by its judgment dated 10.05.1999 and decree drawn on 13.05.1999 has dismissed the Plaintiffs' claim.