High Court Jharkhand High Court

M.Mrityujoy Rao vs M.S.Prasad Rao on 9 November, 2009

Jharkhand High Court
M.Mrityujoy Rao vs M.S.Prasad Rao on 9 November, 2009
             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Second Appeal Nos. 10 & 11 of 2004
             M. Mritunjoy Rao                    ...     Appellant
                                                (Appellant in both cases)
                                     Versus
             M.S Prasad Roy & others                  ...     Respondents
                                          (Respondent in S.A. No. 10/2004)
             M. S. Prasad Roy             (Respondent in S.A. No. 11/2004)
                                     ----
CORAM        : HON'BLE MR. JUSTICE R. K. MERATHIA

             For the Appellant                : Mrs. A. R. Choudhary
             For the Respondents              :
                                       ----

6.   9.11.2009

: Second Appeal No. 10 of 2004 arises out of Title (Partition) Suit
No. 119 of 1993 filed by the appellant for partition of the suit property
against his father and brothers. Second Appeal No. 11 of 2004 arises
out of Title Suit No. 93 of 1994 filed by the father of the appellant for
declaration that the suit property was his self acquired property.

Both the said suits were heard together. The suit filed by the
appellant for partition was dismissed and the suit filed by the father,
declaring that the suit property was his self acquired property, was
decreed.

Against the said judgments, appeals were filed by the
appellant, which were heard together and were dismissed by the
lower appellate court. Against said judgments of lower appellate
court, these two second appeals have been filed.

Mrs. Choudhary, learned counsel appearing for the appellant
assailed the impugned judgments on various grounds.

It appears that after considering the respective cases and
evidences of the parties, both the courts below recorded concurrent
findings of fact. In my opinion, no substantial question of law is
involved in these appeals which are, accordingly, dismissed.
However, no costs.

(R. K. Merathia, J)
MK