DEO NANDAN GOPE Vs. SURAJ NARAYAN GOPE

JUDGEMENT

(1.) S.A. No. 393 of 2016 is relating to schedule B property of the plaint and S.A. No. 402 of 2016 is relating to schedule C property of the plaint. These appeals arise from the judgment dtd. 7/8/2014 (decree signed on 20/8/2014) passed by learned Civil Judge, Junior Division, (Munsif), Hazaribag in Partition Suit No. 97 of 2005.

(2.) S.A. No. 393 of 2016 has been filed against the judgment dtd. 6/6/2016 (decree signed on 18/6/2016) passed in Title Appeal No. 45 of 2014 by the Court of learned District Judge-I, Ramgarh whereby the learned 1st appellate court has dismissed the appeal filed by the defendants. The learned trial court had partly decreed the suit for partition only with respect to schedule B property and the learned 1st appellate court, upon appeal filed by the defendants with respect to Schedule B property, has dismissed the appeal. S.A. No. 402 of 2016 has also been filed by the defendants against that part of the judgment dtd. 6/6/2016 in Title Appeal No. 45 of 2014 whereby the learned 1st appellate court has been pleased to allow the cross-appeal filed by the plaintiffs with respect to Schedule C property.

(3.) The schedule B property is relating to certain plots in Khata no. 26 and 28 in village Bujurg Zamira, P.S. Patratu District Hazaribagh (now Ramgarh). The schedule C property is in relation with certain plots in khata nos. 25, 27, 113 and 114 of the same village.