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2022 Supreme(Chh) 432

GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Preamlal S/o Late Dilharan – Appellant
Versus
Laxminbai D/o Late Dilharan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Amit Sharma.
For the Respondents: T.K. Jha, A.N. Pandey, Sanjay Pathak.

JUDGMENT :

GOUTAM BHADURI, J.

1. Heard.

2. The present appeal is against the judgment and decree dated 20.12.2019 passed by the 3rd Additional District Judge, Janjgir-Champa, C.G. in Civil Suit No. 20-A/2018, whereby the suit filed by the sisters of the appellant seeking partition in respect of a property held by their brother Premlal and Mother Janki Bai was decreed.

3. Brief facts of the case are that the parties are governed by the Hindu Law of Mitakshara School, holding ancestral property situated at village Sivani, Tehsil Champa. The genealogical tree of the parties are shown hereunder:

 

Sukhrunarayan

 

Manharan (S)

 

Dilharan (S)

 

Janki Bai

(Wife of Dilharan)

Premlal (S)

(Def. No. 1)

Laxminbai (D)

(Plaintiff No. 1)

Nirmalabai (D)

(Plaintiff No. 2)

Ganeshibai (D)

(Plaintiff No. 3)

Premlata (D)

(Plaintiff No. 4)

4. The suit was filed by four sisters namely Laxmin Bai, Nirmala Bai, Ganeshi Bai and Premlata Bai against their brother-Premlal and mother-Janki Bai (since deceased). The undisputed facts are that the suit property was recorded

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