Parmalal S/O Bhura vs Babulal S/O Bhuraji
2022 Latest Caselaw 2929 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil First Appeal No. 168/2022

Parmalal S/o Bhura
                                                                         ----Appellant
                                    Versus
Babulal S/o Bhuraji, & Ors.
                                                                      ----Respondents

For Appellant(s) : Mr. Praveen Kumar Jain For Respondent(s) : Mr. Anurag Shukla

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

06/04/2022

Appellant-plaintiff by way of this first appeal has challenged

the judgment and decree dated 20.10.2021 passed by Additional

District Judge No.1, Bundi in Civil Suit No.22/2015 whereby his

civil suit for partition, mandatory and permanent injunction has

been dismissed.

In the plaint itself, plaintiff has come out with a case that

properties described in Schedule अ, ब , स, द parties are in use and

occupation according to the oral settlement but no legal partition

by metes and bounds have been taken place.

It appears that few respondents also filed counter claim for

partition which too has been dismissed by the impugned

judgment.

The first appeal required to be heard on facts and law.

This appeal is admitted.

Issue notice.

Since respondents No.2,3 and 4 have appeared as caveator

through advocate, no need to issue notice to them.

(2 of 2) [CFA-168/2022]

Issue notice to remaining respondents.

Call for the record.

In the meanwhile and until further orders, both parties are

directed not to transfer/alienate the property in their respective

possession.

(SUDESH BANSAL),J

SAURABH/5

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