LILA DEVI Vs. SUNIL KUMAR PRASAD

JUDGEMENT

(1.) This appeal has been filed against the judgement dtd. 5/7/2023 (decree dtd. 18/7/2023) passed by learned District Judge I, Palamau at Daltonganj in Partition Appeal No.26 of 2010 affirming the judgement and decree dtd. 23/4/2010 (decree signed on 12/5/2010) passed by learned Sub-judge II, Palamau at Daltonganj in Partition Suit No.117/2004.

(2.) The learned counsel for the appellants has submitted that the appellants were the defendants in the suit and, though they filed written statements (except defendant no. 4), they did not lead any evidence before the court. Consequently, the court proceeded under Order VIII Rule 10 of Code of Civil Procedure and the suit was decreed.

(3.) The learned counsel submits that the specific case of the plaintiffs was that the entire suit property was owned by Thakur Sao, who had a wife, namely, Moti Devi, and the defendants are the descendants through Moti Devi. Their further case was that upon the death of Moti Devi, Thakur Sao married Shivrani Devi in the year 1955 and the plaintiffs claimed that they are the descendants of Thakur Sao through Shivrani Devi.