GORAKH GIRI Vs. SURENDRA GIRI

JUDGEMENT

(1.) The plaintiff-petitioner is aggrieved by the order dated 22.1.2003, passed by the Additional District Judge-III, Siwan, in Title Appeal No. 103 of 1983, rejecting the application filed by the petitioner under Sections 151, 152 and 153 of the Code of Civil Procedure (hereinafter referred to as 'the Code'). The prayer made on behalf of the petitioner is to incorporate reliefs, prayed for in the suit, in the judgment and decree, which have been omitted by the appellate Court while allowing the appeal after setting aside the dismissal of the suit by the trial Court.

(2.) The factual matrix necessary for disposal of the present matter are that the petitioner filed Title Suit No. 81 of 1972 in the Court of the 2nd Munsif, Siwan, against the defendant-opposite parties under Order I, Rule 8 of the Code for declaration that the disputed land is a public land and the defendants have no right and title over the same and they have no right and title to construct wall, Palani etc. over the suit land and also for delivery of possession after removal of the illegal structure of the defendant-opposite parties from the suit land.

(3.) The trial Court dismissed the suit. The plaintiff preferred Title appeal No. 103 of 1983, which was allowed on 18.12.1987 and the operative part of the judgment is that the appeal succeeds and the order of the Court below is hereby set aside. In terms of the aforesaid judgment, a decree was prepared and it also incorporated the same terms.