SA/19/2021
2021 Latest Caselaw 1122 UK

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                                     SA No.19 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. S.K. Posti, Senior Advocate, assisted by Mr. Ashutosh Posti, Advocate, for the appellant.

Mr. Deep Prakash Bhatt, Advocate, for the caveator.

This is a plaintiff appeal, as against a non concurrent judgment of the learned Appellate Court dated 17.03.2020, which was rendered in Civil Appeal No.10 of 2019, "Manikaran Vs. Chhote Lal", whereby the learned Appellate Court has reversed the judgment of the trial court dated 05.07.2019, which was arising out of the suit of partition, between the parties to the second appeal, who are the real brothers.

The second appeal is admitted on the following substantial question of law no.1 and 2:-

(i) Whether on the facts and circumstances of the learned Appellate court was justified in law in taking into the consideration the Doctrine of Partial Partition on the basis of the grounds taken by the appellant at appellate stage which is contrary to its pleading before the trial court?

(ii) Whether on the facts and circumstances of the case the lower appellate court was justified in law, permitting the defendant to plead the case of partial partition while the case of the defendant himself before the trial court was the building of the parties already been portioned by family settlement?

By way of interim measure, it is directed that the parties to the second appeal shall maintain status quo qua the nature and title of the property in question.

List this matter after three weeks.

(Sharad Kumar Sharma, J.) 24.03.2021

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