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2022 Supreme(P&H) 2119

MANJARI NEHRU KAUL
Zile Singh – Appellant
Versus
Nafe Singh (since Deceased) Through Lrs – Respondent


Advocates appeared:
Mr. Vikram Punia, Advocate for the appellants

JUDGMENT

Manjari Nehru Kaul, J. (Oral) - A suit for partition with consequential relief of permanent injunction instituted by the plaintiff was decreed by the trial Court vide order dated 23.02.2016. The appeal preferred to impugn the judgment and decree of the trial Court was dismissed by the lower appellate Court on 14.02.2020. Defendants No.1 to 3 and 6 to 9 are now before this Court in Regular Second Appeal.

2. Parties to the lis hereinafter shall be referred to by their original positions in the suit.

3. As per the pleaded case of the plaintiff, both the plaintiff and defendants belong to the same Joint Hindu Family and are cosharers in the property comprised in Khewat No.217/199, Khata No.269, Rectangle and Killas No.23//26, 80//26, 135, 136 and 252, total measuing 3 Kanals 1 Marlas, situated in the Abadi of Village Nandnaur, Sonepat (hereinafter referred to as the 'suit property'). The plaintiff claims to be share holder to the extent of 1/6th share in the suit property. Defendant No.6 Rajinder constructed his house over the suit property marked by letters 'ABCD' and defendants No.1 to 3 namely Zile Singh, Dewan Singh and Rajbir had constructed their houses over the suit proper

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