BADARI OSTA Vs. PANCHU OSTA

JUDGEMENT

(1.) Heard Mr. Indrajit Sinha, the learned counsel assisted by Mr. Ajay Kumar Sah and Mr. Rishabh Kumar, the learned vice counsels appearing on behalf of the appellants.

(2.) This Second Appeal has been filed being aggrieved and dissatisfied by the order/ judgment dtd. 30/8/2012 (decree signed on 17/9/2012) passed by learned District Judge-I, Dumka in Title Appeal No.10 of 1998 whereby the learned appellate court has been pleased to dismiss the appeal preferred by the appellants and has confirmed the judgment dtd. 19/2/1997 (decree signed on 9/7/1998) passed by learned Sub-Judge-II, Dumka in Title Suit No.37 of 1988. Title Suit No.37 of 1988 has been instituted by the appellant/ plaintiff for declaration of the adoption of defendant no.1 was not valid and the registered deed dtd. 26/6/1969 was fraudulent, illegal, invalid and inoperative. The prayer of the cost of the suit was also prayed.

(3.) The learned trial court by the judgment dtd. 19/2/1997 after discussing the evidence on record has been pleased to dismiss the suit and in that view of the matter, the plaintiff has filed the Title Appeal No.10 of 1998 which was dismissed by the judgment dtd. 30/8/2012 by the learned District Judge-I, Dumka and affirming the judgment of the learned trial court. Being aggrieved and dissatisfied of the said judgment, the appellants have filed the present second appeal.