"Yogesh Kumar Deval vs Kanti Kumar
2023 Latest Caselaw 1321 UK

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      11.05.2023                        SA No. 26 of 2023
                                        Hon'ble Alok Kumar Verma, J.

An Original Suit (No. 94 of 1994, "Yogesh Kumar Deval vs. Kanti Kumar (deceased) through Legal Representatives and Others") was filed for partition of the suit property. Learned Ist Additional Civil Judge (Junior Division) Haldwani, District Nainital while passing a preliminary decree dated 23.07.2011 fixed 1/6th share of the appellant-defendant no. 4.

of 2015, "Ashok Kumar vs. Yogesh Kumar Deval and Others") under Section 96 of the Code of Civil Procedure, 1908. The said Appeal has been dismissed vide judgment and decree dated 21.11.2022, passed by learned IInd Additional District Judge, Haldwani, District Nainital.

3. Heard Mr. Neeraj Garg, learned counsel for the appellant. He contended that learned Courts below have held that the suit property was purchased through sale deed dated 18.04.1997 from Joint Family Fund. While respondent no. 1-plaintiff has not produced any evidence to show that the suit property was purchased through sale deed dated 18.04.1997 from Joint Family Fund.

4. In the facts and circumstances of the case, it seems appropriate to call for original records before passing any order on Admission.

5. Summon the Original Record.

6. List on 24.05.2023 after fresh cases.

(Alok Kumar Verma, J.) 11.05.2023 Shiksha