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GOUTAM BHADURI, SANJAY S. AGRAWAL
Ramsanehi Loniya, S/o. Late Pritam Lal Loniya – Appellant
Versus
Sudha Singh Chauhan, W/o. Late Shankar Lal Loniya – Respondent
| Table of Content |
|---|
| 1. appeal against partition decree. (Para 1 , 2) |
| 2. court reviewed the facts surrounding the partition case. (Para 3) |
| 3. observation on the evidence of inheritance and legal status concerning properties. (Para 4 , 20) |
| 4. ownership claims related to joint family property. (Para 6 , 8 , 9 , 10) |
| 5. defendants deny legitimacy of plaintiffs. (Para 11 , 12) |
| 6. arguments presented concerning the legitimacy of heirs. (Para 13 , 16) |
| 7. courts address complexities in ancestral rights. (Para 17 , 18 , 26) |
| 8. statutory legitimacy impacts property rights. (Para 22 , 35) |
| 9. ruling based on legitimacy of children depending on the marriage validity. (Para 24 , 31) |
| 10. final finding on the appeal and directive for trial court's further review. (Para 37) |
| 11. case remitted for adjudication of will validity. (Para 44 , 46) |
JUDGMENT :
(Goutam Bhaduri, J.) :
1. The instant appeal is against the judgment and decree dated 29.01.2022 passed by the learned Ist Additional District Judge, Bilaspur (C.G) in Civil Suit No.22-A/2017 in favour of the respondents/plaintiffs in respect of property situated at Jun
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