BIJOY KUMAR KESHRI Vs. NIRMALA DEVI

JUDGEMENT

(1.) Heard Mr. Manjul Prasad, the learned Senior counsel appearing on behalf of the appellants, Mr. Aashish Kumar, learned counsel appearing on behalf of the contesting-respondents, Mr. Naresh Pd. Thakur, the learned counsel for the respondent no.15(a) and Mr. Anurag Kumar the learned counsel appearing for the proforma respondent nos.14(a) to (f).

(2.) This second appeal was filed being dissatisfied with the judgment dtd. 27/1/2009 and decree following thereupon signed on 12/2/2009 by learned Vth Additional Sessions Judge F.T.C., Dumka in Title Appeal No.4 of 2007 allowing the appeal and thereby reversing the judgment dtd. 14/12/2006 and decree dtd. 8/1/2007 passed by learned Subordinate Judge, Dumka in Title Suit No.9 of 1988.

(3.) Title Suit No.9 of 1998 was instituted on 12/12/1988 and by judgment dtd. 24/1/1998 the said suit was decreed in favour of the plaintiff/appellant. The defendants preferred Title Appeal No.13 of 2003 and by judgment dtd. 21/8/2004 after setting aside the judgment dtd. 24/1/1998, the case was remanded to the learned court for fresh decision into the matter for decision by way of adding one more separate issue.