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2016 Supreme(P&H) 2190

AMIT RAWAL
Mahavir Dayal (since deceased) through LR – Appellant
Versus
Rajnish Gupta – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Shailendra Jain, Senior Advocate with Mr. Sahil Nayyar, Advocate
For the Respondents:Mr. M.K. Mittal, Advocate, Mr. Subhash Rana, Advocate for Mr. P.R. Yadav, Advocate

AMIT RAWAL J.

1. The appellant-defendant No.15 is aggrieved of the impugned judgment and decree whereby the final decree in pursuance to the application for passing of the final decree for possession by partition, has been allowed and the objections have been dismissed.

2. Mr. Shailendra Jain, learned Senior Counsel assisted by Mr. Sahil Nayyar, Advocate submits that on 25.04.1950, the civil suit bearing No.436/368 was instituted seeking partition of the movable and immovable shops and business, much less, for rendition of accounts for certain business on the ground that the property is joint family property and they have been carrying on business under the various names and styles as per the list of businesses attached to the plaint, though according to him the businesses were defunct. The claim of the respondents-plaintiffs was decreed to the extent of the property mentioned at Sr. Nos.2, 4, 6, 8, 9, 13, 14, 16, 18, 19, 21, 22, 23, 25 and 27 in the list 'B/1' filed by defendant Nos.1 to 16 and rest of the claim was dismissed vide judgment and decree dated 17.04.1954. The Regular First Appeal was preferred in the year 1961 against the said judgment and decree and the same was dismis
























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