LAWS(CAL)-2023-9-18

SRIHARI PRADHAN Vs. SRIPATI PRADHAN

Decided On September 21, 2023
Srihari Pradhan Appellant
V/S
Sripati Pradhan Respondents

JUDGEMENT

(1.) The instant appeal has been preferred by the appellants/plaintiffs being aggrieved by and dissatisfied with the Judgment and decree passed in Title Appeal No. 03 of 2013 dtd. 17/2/2018 by the Ld. Civil Judge, Sr. Divn. 2nd Court Contai Purba Midnapore.

(2.) Through the said Judgement the First Appellate Court has been pleased to allow on contest the said Appeal by setting aside the judgement and decree passed by the Ld. Civil Judge Jr. Divn. 2nd Court, Contai, Purba Midnapore passed in Title Suit No. 202 of 2008 dtd. 30/7/2010.

(3.) Before the Ld. Trial Court the plaintiffs had prayed for a decree to the effect that the plaintiffs have right and possession in respect of 0.51 decimal in dag No. 399 and 0.20 decimal in dag No. 400 lying in khatian No. 89 within mouja Gobindachak, P.S. Bhupatinagar in the district of Purba Midnapore and had also prayed for decree declaring that the original defendant namely Sripati Pradhan does not have any easement right of drainage or any other right in the aforementioned properties.