Babu Lal S/O Late Raghuveer Dayal ... vs Nandkishore S/O Late Raghuvar ...
2022 Latest Caselaw 6900 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil First Appeal No. 376/2020

Babu Lal S/o Late Raghuveer Dayal Sharma & Anr.
                                                                   ----Appellants
                                    Versus
Nandkishore S/o Late Raghuvar Dayal Sharma
                                                                  ----Respondent

For Appellant(s) : Ms. Dipti Agarwal for Mr. Amit Jindal For Respondent(s) : Mr. Mahesh Gupta

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

31/10/2022

By way of instant first appeal, challenge has been made to

the judgment and preliminary decree for partition dated

21.12.2019 passed by Additional District Judge No.20, Jaipur

Metropolitan Head Quarter at Chomu in Civil Suit No.31/2015

whereby and whereunder the suit property, detailed out in para

No.2 of the plaint, has been declared to be divided in 1/3rd-1/3rd

equal three shares among three brothers, sons of Raghuvar Dayal

Sharma, namely Nandkishore, Babu Lal and Ram Krishan.

Nandkishore preferred the civil suit for partition and satisfied

with his 1/3rd share in the suit property. Defendant No.1-Babu Lal

though preferred this first appeal but has submitted an application

supported with an affidavit that he has entered into compromise

and does not want to pursue this first appeal. Now, the appeal

remains only on behalf of defendant No.2-Ram Krishan who has

also been accorded 1/3rd share in the suit property.

It appears that both defendant-appellants submitted joint

written statement and took a common defence that partition had

(2 of 2) [CFA-376/2020]

already been taken place and in absence of any evidence for such

partition, the suit was decreed.

Now one of defendant No.1 has also agreed to the partition

as made by the trial court in the impugned judgment. Thus, the

first appeal be listed on 09.11.2022 in 'supplementary list' to hear

the appellant No.2-Ram Krishan that on what basis he wants to

challenge the preliminary decree for partition.

In the meanwhile, record of the trial court be summoned

positively.

(SUDESH BANSAL),J

TN/60

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