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2020 Supreme(Raj) 382

MAHENDAR KUMAR GOYAL
Shyama Devi – Appellant
Versus
Manju Shukla – Respondent


Advocates Appeared:
R.K. Agarwal, Sr. Adv. and Mamoon Khalid, for the Appellant; Rajendra Prasad, Sr. Adv., Deepak Sharma, Rohan Tibrewal and Ritwick Dave, for the Respondents

JUDGMENT

Mahendar Kumar Goyal, J. - This first appeal has been preferred against the judgment and decree dated 7.9.2012 passed by learned Additional Sessions Judge (Fast Track) No. 2, Jaipur Metropolitan, Jaipur whereby, the civil suit filed by the appellant-plaintiff (for brevity-`the appellant') against the respondents-defendants (for brevity-`the respondents') for declaration and permanent injunction, has been dismissed.

2. The relevant facts in brief are that Shri Dhanpat Rai filed a suit no. 21/73 for partition of ancestral properties belonging to late Purindar Ram; the propositus. Late Jamuna Prasad, husband of the appellant and father of the respondents no. 1 to 6, was one of the defendants in the suit. Preliminary decree was passed on 24.1.1975. In the first appeal filed by Jamuna Prasad along with his brother Ganga Prasad against the preliminary decree, a compromise dated 5.5.1980 was arrived at between the parties agreeing therein that each branch comprising of descendants of three sons of late Pd. Purindar Ram shall be entitled for 1/3rd share each. In the first appeal, the application filed by the respondent no. 1 herein, Smt. Manju Shukla, seeking her impleadment as one

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