confirmation of possession against defendant No.1 to 10 who are defendants Ist set in Title Suit No.58 of 1990. The plaintiffs filed Title Suit No.58 of 1990 for declaration of title and confirmation of possession over the suit land. The defendant No.1 to 10 are the contesting defendants and defendants who are arrayed as defendants Ist set and defendant No.11 to 33 are defendants 2nd set who supported the case of the plaintiff. The suit was decreed declaring the title and confirmation of possession of plaintiff and defendants 2nd set over the suit land against defendants Ist set, defendant No.1 to 10. Out of defendants Ist set, five persons preferred Title Appeal No.17 of 2014 against the judgment and decree dated 26th April, 2014 passed in Title Suit No.58 of 1990. Defendant No.8 of defendants Ist set was arrayed as respondent No.54 in Title Appeal No.17 of 2014. During the pendency of the appeal, appellants as well as other respondents filed petition under Order XXIII Rule 1 read with Section 151 of the CPC to withdraw the suit on compromise. Respondent No.54, Shankar Mahton, in the appeal and respondent No.1 in the present petition filed petition to allow him to contest the suit. The learned District Judge vide order dated 01.12.2015 passed in Title Appeal No.17 of 2014 allowed the petition of Shankar Mahton to be transposed as appellant 2nd party and contest the appeal.
