MOHAMMAD AMIN Vs. HAKIM MOHAMMAD AKBAR ALI

JUDGEMENT

(1.) THIS second appeal is preferred against the judgement dated 17.9.1998 passed by IVth Additional District Judge, Azamgarh, in Civil Appeal No.463 of 1994 arising out of judgement dated 26.9.1994 passed by XIth Additional Munsif, Azamgarh in Original Suit No.347 of 1977.

(2.) THE brief facts, which give rise to this appeal are that the plaintiffs -respondents (hereinafter called as the "respondents") filed Original Suit No.347 of 1977 for the relief of partition of the property in dispute against the defendants -appellants (hereinafter called as the "appellants"). The trial court decreed the suit vide order dated 26.9.1994 and held that the plaintiffs has 576/1728 share in the property in dispute.

(3.) THE appellants preferred appeal against the said judgement before the learned Additional District Judge, Azamgarh, which was registered as Civil Appeal No.463 of 1994 and was transferred to the court of IVth Additional District Judge, Azamgarh, who dismissed the same vide order dated 17.9.1998.