SARYU PRASAD GUPTA Vs. JAMUNA PRASAD

JUDGEMENT

(1.) Heard Mr. Ayush Aditya, the learned counsel appearing for the appellants and Mr. M.K. Laik, the learned Senior counsel appearing on behalf of the respondents.

(2.) This second appeal has been filed being dissatisfied with the judgment dtd. 15/2/2006 and following thereupon the decree signed on 1/3/2006 passed by learned District Judge, passed in Title Appeal No.44 of 2004 whereby the learned appellate court has dismissed the appeal and affirmed the judgment dtd. 20/9/2004 and decree dtd. 4/10/2004 passed by the learned Munsif, Hazaribagh in Title Suit No.112 of 2001.

(3.) The Title Suit No.112 of 2001 was instituted by the respondents/ plaintiffs for declaration of right, title and interest and for possession in respect of the land appertaining to Holding No.248-A, New Municipal Holding No.183/125, New Ward No.16, situated in Mohalla Boddom Bazar, morefully described in schedule-"A" to the foot of the plaint (suit land in short). The plaintiffs have further sought an injunction besides an award of cost of the suit. The suit was decreed in favour of the plaintiff.