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2022 Supreme(Chh) 593

NARENDRA KUMAR VYAS
Laxmi Narayan Sahu S/o. Chamroolal Sahu – Appellant
Versus
Dhelabai Wd/o. Chamroolal Sahu – Respondent


Advocates Appeared:
For the Appellant : Shri Viprasen Agrawal.
For the Respondents: Shri Ram Kumar Tiwari and Shri Shyam Sundar Agrawal.
For the State : Shri Sanjeev Kumar Agrawal, Panel Lawyer.

JUDGMENT :

1. The appellant has filed present appeal challenging the judgment and decree passed by the learned Second Additional District Judge, Raipur in Civil Suit No. 1A/2008 by which the learned trial Court has partly allowed the suit and held that the plaintiff is entitled to get 1/8th share of the house belonging to the joint Hindu family situated at Jorapara, Raipur. The plaintiff’s claim for rest of the property mentioned in para 5 of the plaint has been negated by the trial Court.

2. For the sake of convenience parties would be referred to as per their status shown in the suit filed before the trial Court.

3. The brief facts as reflected from the plaint averments is that the plaintiff is son of defendant No. 1, defendants No. 2 to 4 are brothers of the plaintiff, defendants No. 5 to 7 are sisters and defendant No. 8 is son of defendant No. 2. The plaintiff's father Chamroolal expired on 07.01.1993 and the plaintiff and defendants have received the property which is described in the tabular format in the foregoing paragraph as joint Hindu family property. It has been furth

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