BATESHWAR UPADHYAY Vs. GEETA DEVI

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the respondent no. 1 on this miscellaneous appeal.

(2.) This miscellaneous appeal has been filed against the judgment dated 30.01.2014 passed by VIth, Ad-hoc District Judge, Bhojpur at Ara in Title Appeal no. 115 of 2009 whereby the learned Appellate Court allowed the aforesaid appeal filed by the respondent no. 1 on cost of Rs. 3,000/- and remanded the case to the court below with direction to decide the case after giving opportunity to respondent no. 1 of cross-examination of the witness of the appellants-plaintiffs.

(3.) Factual matrix of the case is that the appellants had filed Title Suit no. 52 of 2003 for declaration of sale deed executed by imposter of Surith Upadhyay in favour of defendants-II set void, illegal and forged document and also for declaration of the sale executed by defendant-II set void and illegal and for declaration that Consolidation Officer, Barhara has no right to grant permission for execution of sale deed etc.