BASUKI DEVI Vs. KUNTI DEVI

JUDGEMENT

(1.) Heard Mr. R.N.Sahay, the learned Senior counsel assisted by Mr. Yashvardhan and Ms. Rishika Kaushik, the learned vice counsels appearing on behalf of the appellants and Mr. Sudhir Kumar Sharma, the learned counsel appearing on behalf of the respondent no.7.

(2.) On the petition of the appellant vide order dtd. 24/11/1999, respondent no.6 was expunged and the appellants were exempted to substitute her legal heirs/successors. By order dtd. 31/8/2022, the respondent no.1 was directed to be expunged. The notices upon the respondent nos.2 and 5 were validly served upon them but they have chosen not to appear in the second appeal. The respondent nos. 3 and 4 have appeared through Mr. V.K. Prasad, the learned counsel appearing for them, however, on repeated call, nobody has appeared on behalf of the respondent nos.3 and 4 and that is why, this second appeal has been heard.

(3.) This second appeal has been filed being aggrieved and dissatisfied with the judgment and decree dtd. 17/6/1998 and 27/6/1998, respectively passed by learned 5th Additional District Judge, Giridih in Title Appeal No.62 of 1984 whereby he has been pleased to reverse the judgment and decree dtd. 17/7/1984 and 28/7/1984 passed by the learned 2nd Additional Munsif, Giridih in Title Suit No.18 of 1978/ 14 of 1984.