BAIDYANATH BHAGAT Vs. KAMALDEO BHAGAT

JUDGEMENT

(1.) THIS revision is directed against the order dated 23.7.2004 passed by the District Judge, Motihari, East Champaran dismissing Title Appeal No. 24 of 2003, being barred by limitation.

(2.) PLAINTIFFS -opposite party nos. 1 to 4 filed Partition Suit No. 8.1 of 1988 for partition of the property and carving out its share. By judgment and decree dated 31.1.1991 same was dismissed. Aggrieved by the same, plaintiffs preferred Title Appeal No. 26 of 1991 and the appellate court allowed the appeal, set aside the judgment and decree dated -31.1.1991 and remitted the matter back to the trial court for consideration afresh. Thereafter the relief sought for by the plaintiff was granted by judgment and preliminary decree dated 17.10.1996. Defendant 1 st party aggrieved by the same preferred Title Appeal No. 2 of 1997, which, it is common ground, is pending for hearing.

(3.) AGGRIEVED by the same, defendant 1st party -petitioners have preferred this application.