RAGHUWAR SINGH MUNDA Vs. RADHA MOHAN SINGH MUNDA

JUDGEMENT

(1.) Heard Mr. Rahul Kumar Gupta, the learned counsel appearing for the appellants.

(2.) The appellants have preferred this Second Appeal against the judgment dated 03.09.2015 and Decree dated 10.09.2015 passed by Judicial Commissioner-III, Ranchi in Title Appeal No.96 of 2005 whereby the appellate court has dismissed the appeal confirming the judgment and decree dated 03.08.2005 passed by Sub-Judge-III, Khunti by which he confirmed the Pleader Commissioner's report dated 06.10.2004 as a part of the final decree in partition suit.

(3.) Mr. Rahul Kumar Gupta, the learned counsel appearing on behalf of the appellants submits that originally a Title Partition Suit No.204 of 1983 was filed by the plaintiffs which has been decreed in favour of the plaintiffs and accordingly preliminary decree was prepared. Against the original decree dated 31.03.1990 in Title Partition Suit No.204 of 1983 was challenged in Title Appeal and thereafter in Second Appeal before this Court and the judgment dated 31.03.1990 has been confirmed by both the courts. In view of the judgment dated 31.03.1990 by an order dated 07.04.2004 a writ was issued to the Pleader Commissioner for Takhtabandi of the suit property in accordance with the judgment dated 31.03.1990 and the Pleader Commissioner submitted his report dated 06.10.2004 which has been confirmed by the trial court by its order dated 03.08.2005 and accordingly the final decree was passed. Aggrieved with this final decree, the appellants preferred the Title Appeal No.96 of 2005 which has been dismissed. The appellate court has come to the finding that an objection was filed by these appellants/defendants challenging the report of the Pleader Commissioner dated 06.10.2004 in which it is said that the Pleader Commissioner has not carved out Takhtabandi in accordance with the judgment and the decree of the court and the Pleader Commissioner has totally ignored the existing possession of the parties.