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R.K.AGRAWAL, R.BANUMATHI
RAMESH VERMA(D) TR. LRS. – Appellant
Versus
LAJESH SAXENA (D) BY LRS – Respondent
JUDGMENT
R. BANUMATHI, J.
1. These appeals arise out of the common judgment of the High Court of Madhya Pradesh in First Appeal Nos.29, 30 & 31 of 1991 dated 31.07.1997.
2. The parties are related as under:-
| “Bhagwan Prasad Das (Died in 1952) | | Smt. Jaydevi (Widow died in 1972) | |||
| Shri Jagan Verma (Died in 1967) | | Prabhavati (Widow died in 1984) | |||
| | | ||||
| Ramesh Verma Lajesh Saxena (Def. NO.1 died on 10/10/2003) (Plaintiff) | ||||
| | Shyam Kishori Verma | | Rajat Verma | | Rajiv Verma | | Meena Saxena | |
| Sanjeev Kumar (Respondent No.5) | ||||
3. The deceased first respondent herein/plaintiff had filed the suit for partition on 26.02.1970 claiming 1/8th of the share in the family properties. The trial Court by the judgment dated 31.01.1991 passed the preliminary decree for partition being Civil Original Suit No.71A/1984 and held that :-
“(i) Plaintiff Smt. Lajesh Saxena is entitled to get 1/12th share in the joint Hindu family property;
(ii) Defendant No.1 Ramesh Verma is entitled to get 1/3rd share in the property of Bhagwanpr
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