Geetadevi W/O Late Moolchand ... vs Lalbihari Saini S/O Sujilal Saini ...
2022 Latest Caselaw 7502 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Civil First Appeal No. 764/2022

Geetadevi W/o Late Moolchand Saini & ors
                                                                  ----Appellants
                                   Versus
Lalbihari Saini S/o Sujilal Saini Alias Soorajnarayan & Anr.
                                                                ----Respondents

For Appellant(s)          :    Mr. Vishwas Sharma
For Respondent(s)         :



            HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

28/11/2022

Appellant-defendants No.1 to 7, who are natural heirs of late

Shri Moolchand Saini have preferred this first appeal challenging

the judgment and preliminary decree for partition dated

03.09.2022 passed by Additional District Judge No.2, Jaipur,

District Jaipur in Civil Suit No.98/2019 whereby and whereunder

the suit property has been declared to be divided in equal 1/3-1/3

share among two sons and one daughter of late Shri Sujilal Saini.

Learned counsel has argued that appellants are natural heirs

of late Shri Moolchand Saini and after death of Shri Sujilal Saini,

the suit property was orally partitioned in half and half equal share

between both sons i.e. plaintiff and father of defendants No.1 to 7.

The oral partition was acted upon and both parties are having

possession over their respective shares and the house tax was

also deposited in equal share, such possession is continuing since

1976. Later on, the respondent plaintiff entered into collusion with

his sister defendant No.8-Gayatri Devi, who happens to be

daughter of Shri Sujilal Saini and instituted the present civil suit

(2 of 2) [CFA-764/2022]

for partition just to get a major share in the suit property

including the share of sister.

Counsel for appellants submits during the life time of Shri

Sujilal Saini, the suit property was partitioned in equal half share

between his two sons namely Shri Lalbihari and Shri Moolchand.

Heard.

Admit.

Issue notice to respondents.

Record of the trial court be also summoned.

Having considered the aforesaid factual aspect, facts and

circumstances of the case, in the meanwhile, the execution and

operation of impugned judgment and preliminary decree dated

03.09.2022 shall remain stayed with further direction that both

parties shall maintain status quo in respect of alienation and

possession of the suit property, as it exists today.

(SUDESH BANSAL),J

TN/5

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