MAHABIR SHARMA Vs. BHARAT KISHORE MAHATO

JUDGEMENT

(1.) This revision petition has been preferred against the order dated 25.9.1979 passed by then 1st Additional District Judge, Dhanbad, in Miscellaneous Appeal No. 82 of 1979, whereby the appeal preferred by the petitioners from the order dated 19.7.1979 passed by the then Munsif, Baghmara at Dhanbad in Execution Case No. 15 of 1975 has been dismissed.

(2.) The opposite parties-decree holders got a decree in Title Suit No. 96 of 1960 for declaration of title and confirmation of possession or in the alternative for recovery of possession over the land described in the Schedule of the plaint.

(3.) A survey knowing pleader Commissioner was appointed during the pendency of the suit and the Pleader Commissioner's report was accepted by the original Court in respect of the identity and measurement of the suit plot as contained in the Schedule of the plaint. The suit was decreed in favour of the plaintiffs-opposite parties on 8.4.1963. The petitioners who were defendants in the suit preferred an appeal against the decree which was registered as Title Appeal No. 72 of 1963. The said appeal was allowed. Then the plaintiffs-opposite parties preferred an appeal before this Court and after hearing the second appeal, this Court remitted back the case before the Appellate Court and the suit was decreed in the appeal. Against that order, again the petitioners defendants preferred Second Appeal No. 39 of 1969 in this Court which was also dismissed by a decree dated 7.5.1975. Thus the decree passed by the learned Munsif was maintained in the second appeal also.