RAJ KUMAR TEWARY Vs. ASHA KUMARI

JUDGEMENT

(1.) Heard Mr. Bhaiya Vishwajeet Kumar assisted by Mr. Ranjeet Kumar, learned counsel for the appellants and Mr. Atanu Banerjee assisted by Mr. Satish Kumar, learned counsel for the respondents.

(2.) This second appeal has been preferred being dissatisfied with the decree sealed and signed on 18/2/2003 on the basis of the judgment dtd. 27/1/2003 in Partition Appeal No.16 of 1997 by the learned Additional District and Sessions Judge, Fast Track Court No.II, Palamau at Daltonganj affirming the decree sealed and signed on 2/4/1997 on the basis of the judgment dtd. 15/3/1997 in Partition Suit No.41 of 1989 by the learned Sub-Judge No.2, Daltonganj.

(3.) The appellants/plaintiffs instituted suit for partition to the extent of 1/5th share of the plaintiffs, cost of the suit and another reliefs deemed fit and proper. The said suit was decided by the learned Sub-Judge No.2, Daltonganj vide judgment dtd. 15/3/1997 and he has been pleased to dismiss the suit. Against that judgment, the appellants/plaintiffs moved before the learned appellate court in Partition Appeal No.16/1997, which was decided vide judgment dtd. 27/1/2003 dismissing the appeal and affirming the judgment passed by the learned trial court. Aggrieved with that, the appellants/plaintiffs have preferred the present second appeal.