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2018 Supreme(Jhk) 1781

SHREE CHANDRASHEKHAR
Anita Soni, wife of Sri Rajeev Kumar Soni – Appellant
Versus
Mina Devi, wife of late Chandra Shekhar Paneri – Respondent


Advocates Appeared:
For the Petitioner:Mr. Birendra Kumar, Advocate.
For the Respondent:Mr. R.S. Mazumdar, Sr. Advocate Mr. Pratik Sen, Advocate.

ORDER :

1. The petitioner after her failed attempt to get herself impleaded in Title (Partition) Suit No.4 of 1999 has approached this Court. She seeks to challenge the order dated 19.09.2015 by which her application under Order-I Rule 10(2) CPC has been rejected.

2. Title (Partition) Suit No.4 of 1999 was instituted by Smt. Mina Debi and 17 others for a preliminary decree for partition of schedule-B property to the extent of half share for the plaintiffs and for a declaration that the defendant nos.2 and 3 had no right to sell the dwelling house to the defendant nos.5 and 6 through sale-deed dated 21.12.1988 and the plaintiffs are entitled to purchase the said land from defendant nos.5 and 6. The plaintiffs have pleaded that the land comprised under plot nos. 129 and 137 which is shown as “chhapparbandi” in the Khatiyan was taken in oral settlement by Panchu Mian, father of Ishwar Lal and Nanku. They were in joint possession over the aforesaid lands. Over plot no. 129, six pucca rooms with one latrine and ‘Angan’ were constructed and over plot no.137, shop rooms, living room, kitchen, latrine, varanda etc. were constructed. The defendant no. 1 is grand-daughter and defendant nos. 2

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