DASRATH BIND Vs. SHAKUNTALA VISHWAKARMA

JUDGEMENT

(1.) Heard Mr. Kundan Kumar Ambastha, learned counsel for the appellants and Mr. Sanjay Kumar Pandey, learned counsel for the respondents.

(2.) This second appeal has been filed being aggrieved and dissatisfied with the judgment and decree dtd. 28/6/2005 (decree signed on 16/7/2005) passed by the learned District Judge, Garhwa dismissing the Title Appeal No.44/2003 and affirmed the judgment and decree dtd. 30/8/2003 (decree signed on 12/9/2003) passed by the learned Munsif, Garhwa in Title Suit No.27/1996.

(3.) The Title Suit No.27/1996 was instituted by the appellants/plaintiffs for declaration of title and possession and to declare the sale deed no.5730 dtd. 24/11/1961 as void. The said suit on contest was decided by the learned trial court, whereby, the suit was dismissed. Being aggrieved with that judgment, the appellants herein have preferred Title Appeal No.44 of 2003 and the said title appeal has also been dismissed vide judgment dtd. 28/6/2005 and the order of the learned trial court has been affirmed. Being aggrieved with this judgment, the appellants have preferred this second appeal.