Nanda vs Mangi Bai
2021 Latest Caselaw 19498 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 495/2021

Nanda S/o Chuna, Aged About 65 Years, Bansen Tehsil Bhadesar, District Chittorgarh

----Appellant Versus

1. Mangi Bai D/o Chuni Lal, Bansen, Tehsil Bhadesar, District Chittorgarh

2. Ratini D/o Chuni Lal, Raghunath Pura, Tehsil Chittorgarh, District Chittorgarh

3. Shyam Lal S/o Vardha, Bansen Tehsil Bhadesar, District Chittorgarh

4. Dhanraj S/o Vardha, Bansen Tehsil Bhadesar, District Chittorgarh

5. Lrs Of Heera, Bansen Tehsil Bhadesar, District Chittorgarh

6. Kailash S/o Heera, Bansen Tehsil Bhadesar, District Chittorgarh

7. Rukmani W/o Heera, Bansen Tehsil Bhadesar, District Chittorgarh

8. Lali D/o Heera, Bansen At Present Residing At Uchnar, Tehsil Kapasan, District Chittorgarh

9. Paras D/o Heera, Bansen, At Present Residing At Kali Mangri, Tehsil Sarada, District Bhilwara

10. Premi D/o Heera, Bansen, At Present Residing At Dhamaniya, Tehsil Jahazpur, District Bhilwara

11. Uda S/o Narayan, Bansen Tehsil Bhadesar, District Chittorgarh

12. Pushpa D/o Narayan, Bansen, At Present Residing At Gosunda, Tehsil Chittorgarh, District Chittorgarh

13. Hagami W/o Narayan, Bansen Tehsil Bhadesar, District Chittorgarh

14. Shyam Lal S/o Bhanwar Lal, Bansen Tehsil Bhadesar, District Chittorgarh

15. State Of Rajasthan-State, Tehsildar, Bhadesar

----Respondents

(2 of 3) [CFA-495/2021]

For Appellant(s) : Mr. Manas Khatri For Respondent(s) : -

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

20/12/2021

The appellant-defendant No. 1, by way of this first appeal

assailed the preliminary decree for partition passed by judgment

dated 24.8.2021 by the Addl. District Judge No. 2, Nimbaheda

District Chittorgarh in Civil Suit No. 26/2018 (81/2011) titled as

Mangibai & Anr. Vs. Nanda & Ors.

Learned counsel for the appellant submits that the

respondent-plaintiff prayed for partition of two properties :

1. A residential house described in schedule `Ka';

2. Agricultural lands described in schedule `Kha'; the trial court

vide judgment impugned has passed the decree for partition of

residential house in schedule `Ka' for 1/3rd share between both

the plaintiffs and defendant No. 1 but for the agricultural land

(schedule Kha), the appellant-defendant No. 1 has not been given

his share of 1/3rd and whole agricultural land was given in the

share of both the plaintiffs.

Heard.

Admit. Issue notice to the respondents, returnable in ten

weeks.

Heard on stay application.

Meanwhile and until further orders, proceeding of final

decree may be continued but the appellant-defendant shall not be

dispossessed from the residential property described in schedule

`Ka' and the agricultural land in question (described in schedule

(3 of 3) [CFA-495/2021]

`kha') shall not be entered into in favour of the plaintiffs alone,

and both the parties shall maintain status quo of suit properties as

to possession and alienation.

(SUDESH BANSAL),J

ns. 3-1/-

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