ASGAR HUSSAIN Vs. SAFIQUE ALAM

JUDGEMENT

(1.) This second appeal is against the judgment and decree passed by the 1st Additional District Judge. Godda dismissing the appeal filed under Section 97 of the Code of Civil Procedure.

(2.) The Appellants were not the parties to the suit. Their case was that a partition suit was instituted by one Mossomat Jumni, Mostt Bratan and Rafique Alam claiming partition of the suit property. The mother of the Appellants namely Bibi Zubeda and Abul Hussain, elder brother of the Appellants, were Defendants -- second party. They had also claimed their share. The parties had adduced their evidences and on appraisal of the evidences of the parties, partition suit was decreed in favour of the Plaintiffs holding that the Appellants' mother Bibi Jubeda and the Appellants' brother Abul Hussain have absolute no right, title and interest in the suit property and they were rank outsiders.

(3.) The Plaintiffs' mother had preferred appeal against the said judgment and decree of the trial court, which was dismissed. The second appeal filed against the said judgment being S.A. No. 420/1998 was also dismissed. Thereafter Special Leave to Appeal was filed before the Supreme Court being S.L.P. (Civil) No. 17036/2000. The same was also dismissed by Hon'ble Supreme Court. Final decree, thereafter, was prepared on the basis of the preliminary decree.