BHARATH BHAGAT Vs. RAMADHAR SINGH

JUDGEMENT

(1.) This interlocutory application has been filed by the appellants for staying the further proceeding of Execution Case No. 3 of 2013, arising out of Title Suit No. 12 of 2003, pending in the Court of Sub- Judge 8th Siwan.

(2.) The defendants-appellants have filed the present Second Appeal against the judgment and decree dtd. 08/05/2012 passed by Additional District Judge- 3 rd Fast Track Court, Siwan in Title Appeal No 59/2008, whereby the learned lower appellate court reversed the judgment and decree dtd. 13/08/2008, passed by Sub Judge 8th, Siwan, in Title Suit no 12/2003.

(3.) The plaintiffs-respondents filed Title Suit No. 12 of 2003 for declaration of title and confirmation of possession and by amendment recovery of possession of Schedule- II land of the plaint, and also for declaring that the sale deed executed by defendant no. 5 - 2nd set Bimla Devi in favour of defendant 1 st set is forged, fabricated, void and inoperative and further defendant 1 st set have got no tittle and possession in disputed land.