Sarojani Bai vs Kejuram And Ors
2022 Latest Caselaw 4026 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR
                                             Order Sheet
                                          SA No. 295 of 2012

                               Sarojani Bai Versus Kejuram And Ors.




24.06.2022       Mr. Animesh Verma, counsel for the appellant.
                 Ms. Ishwari Gritlahre, Panel Lawyer for the State.
                 Heard on admission.
                 Learned counsel for the appellant would submit that though the trial Court
             has recorded its finding with regard to issue No. 2 and 3 with regard to partition
             in favour of the plaintiff still it has dismissed the suit on the count that the
             plaintiff during the life time of his father cannot claim partition over the co-
             parcener property during the life time of his father. Against that he has
             preferred first appeal which was also dismissed by the Additional District
             Judge, Kabirdham.
                 The appeal is admitted on the following substantial question of law :-
                 "Whether, the trial Court was justified in dismissing the suit though
             recorded the finding that partition between father and brother was void ab initio
             still erred in not granting share to the daughter in the light of the judgment of
             the Hon'ble Supreme Court in case of Vineeta Sharma vs Rakesh Sharma
             {(2020) 9 SCC 1}?
                 Issue notice to the respondents by ordinary and registered mode.

List after five weeks.

Sd/-

(Narendra Kumar Vyas) JUDGE

Deshmukh