PANPATI DEVI Vs. RAM BARAT RAM

JUDGEMENT

(1.) This writ petition is filed under Article 227 of the Constitution of India, whereby and whereunder, the order dated 08.02.2018 passed in Title Appeal No.01 of 2010 is under challenge by which petition dated 29.01.2018 has filed under the provision of Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, has been rejected.

(2.) The brief facts of the case is that a title suit had been filed on 03.01.2002 being Title Suit No.3 of 2002 for grant of a decree of declaration that the sale deed dated 12.11.1999 executed in favour of the petitioner no.1 in respect of the suit land is invalid, illegal and fraudulent. The aforesaid title suit has finally been decided by virtue of the judgment and decree dated 30.11.2009 passed by the Munsif, Palamau holding inter alia therein that the sale deed was obtained by fraudulent method to pay the considered money.

(3.) The petitioners being aggrieved and dissatisfied with the judgment passed in the Title Suit No.3 of 2002, preferred an appeal before the learned District Judge, Palamau, being Title Appeal No.1 of 2010.