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2022 Supreme(Cal) 611

KRISHNA RAO
Radheshyam Bhartia – Appellant
Versus
Manju Bhartia – Respondent


Advocates appeared:
Mr. J. Sengupta, Adv. Mr. S.K. Baid, Adv. for the petitioner, for the Appellant; Mr. Mohit Gupta, Adv, Mr. A.P. Agarwala, Adv. for the defendant Nos. 1A & 1B, for the Respondent

JUDGMENT

1. The plaintiff has filed the instant application praying for drawing of a decree in terms of Judgment dt. 22.02.2021 passed in CS No. 100038 of 1995 (Old Suit No. 365A of 1995) by incorporating the Schedule A and Schedule B property as annexed with the plaint.

2. This Court vide Order dt. 22.02.2021 had passed the following order in GA No. 16 of 2018 in CS No. 100038 of 1995:-

    '22. In view of the discussions above, the contention of the defendants that a preliminary decree should not be passed in the suit, without first deciding as to whether, the suit properties are available for partition or not, cannot be sustained. The issue as has been raised is answered in the affirmative and in favour of the plaintiff. In the facts of the present case, since the shares between the parties are admitted, it would be appropriate to pass a preliminary decree declaring the shares of the parties to the suit.

    23. There will be a preliminary decree declaring that, the plaintiff along with the defendant No. 1 series, and 2 to 4 have 1/6th share each. The defendant Nos. 5 and 6 have 1/12th share each in the suit properties. The issue as to whether the suit properties as described in schedule A

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