KAILASH CHANDRA MOHANTY Vs. DEBENDRANATH KANUNGO

JUDGEMENT

(1.) This Second Appeal has been preferred against the confirming judgment.

(2.) The appellants in this Second Appeal were the defendant Nos.4 and 5 before the Trial Court in the suit vide T.S. No.52 of 1987 and appellants before the 1st Appellate Court in the first appeal vide T.A. No.39 of 1992. The respondent Nos.1 and 2 in this 2nd Appeal were the plaintiffs before the Trial Court in the suit vide T.S. No.52 of 1987 and respondent Nos.1 and 2 before the 1st Appellate Court in the 1st appeal vide T.A. No.39 of 1992. The respondent Nos.3, 4 and 5 in this 2nd Appeal were the defendant Nos.1, 2 and 3 before the Trial Court in the suit vide T.S. No.52 of 1987 and respondent Nos.3, 4 and 5 before the 1st Appellate Court in the 1st appeal vide T.A. No.39 of 1992.

(3.) The suit of the plaintiffs (respondent Nos.1 and 2 in this 2nd Appeal) vide T.S. No.52 of 1987 before the Trial Court against the defendants (appellants and respondent Nos.3 to 5 in this 2nd appeal) was a suit for partition, declaration and confirmation of possession.