Omprakash S/O Late Shri Vishnulal ... vs Gopalswaroop Prajapati S/O Late ...
2022 Latest Caselaw 3047 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil First Appeal No. 67/2022

Omprakash S/o Late Shri Vishnulal Alias Vishanlal
                                                                  ----Appellant
                                   Versus
Gopalswaroop Prajapati S/o Late Shri Vishnulal Alias Vishanlal &
Ors.
                                                                ----Respondent

For Appellant(s) : Mr. Jai Prakash Gupta For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

11/04/2022

Appellant-defendant No.1, has assailed the judgment and

preliminary decree for partition dated 22.11.2021 passed by

Additional District Judge No.1, Beawar in suit No.179/2013

whereby the suit property has been declared to be divided in

1/9th-1/9th share to each co-sharer.

Counsel for appellant submits that he is in possession of suit

property with other defendants and plaintiff is not having physical

possession of any of the possession. It has been submitted that

plaintiff pursued the partition suit without its proper valuation and

without payment of proper Court fees.

Heard.

Appeal is admitted.

Issue notice to respondents.

Since by preliminary decree for partition 1/9th share has

been declared for each co-sharer, let proceedings for preparation

(2 of 2) [CFA-67/2022]

of final decree to pursue, however, final decree shall remain

subject to outcome of this first appeal.

It is made clear that during pendency of first appeal,

appellant shall not be dispossessed from the portion of suit

property in his possession.

Since this Court has allowed the trial Court to proceed with

final decree, no need to summon the record of the trial Court.

(SUDESH BANSAL),J

NITIN /17

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