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2015 Supreme(J&K) 374

ALI MOHAMMAD MAGREY
Ab. Salam Bhat – Appellant
Versus
Farida Begum – Respondent


Advocates Appeared:
For the Appellant :Altaf Haqani, Advocate
For the Respondents:Tawfeeq Khan, Advocate

JUDGMENT :

Ali Mohd. Magrey, J.

1. This Civil Revision has been preferred against the order dated 26.06.2014 passed by the learned trial court, 2nd Additional Munsiff, Srinagar, dismissing the application filed before it in terms of O. VII, R. 11 CPC by defendants 1, 2 and 6 in a suit for partition by metes and bounds titled Farida Begun & Ors. v. Abdul Salam Bhat & Ors. The respondents herein filed a suit for partition by metes and bounds of the suit property comprising land measuring 5 Kanals, 3 Marlas and 206 sft and three residential houses standing thereon jointly owned and possessed by the parties, and the partnership business of timber sale depot and saw mill stated to be carried on between the parties on the ratio of 80:20% respectively between them.

2. The petitioners herein, namely, defendants 1, 2 and 6 in the suit, filed an application under O. VII, R. 11 CPC before the trial court stating therein that since the plaintiffs, besides seeking a decree for partition of alleged ancestral immoveable property, have prayed for a decree of partition of partnership business alleged to be carried on pursuant to partnership deed 12.09.2006, the suit was barred in terms of Section 69 o



































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