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2022 Supreme(All) 709

SARAL SRIVASTAVA
Lalti Devi – Appellant
Versus
Bindu Bihari Verma – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Arvind Srivastava, Ram Milan Mishra Counsel
For the Respondent: Umesh Vats

JUDGMENT :

1. Heard learned counsel for petitioners.

2. The petitioners who are defendants in the suit have assailed the order dated 03.07.2013 passed by the Additional District Judge, Court No.1, Jaunpur in Civil Revision No.148 of 2007 whereby the revision court has allowed the application of respondents/plaintiffs for appointment of court commissioner.

3. The facts, in brief, are that respondent no.1 and 2 instituted a suit bearing Original Suit No.589 of 2003 praying for a decree of injunction in respect of their 1/3 share and rendition of account in respect of jwellery business being run in the suit property.

4. The suit has been instituted on the ground that the suit property was joint property and was purchased in the name of Urmila Devi, Lalti Devi, and Bindu Devi through various sale deeds. The construction lying before the sale deed on the suit property was demolished, and a house and shop were constructed over the said suit property after obtaining permission from the competent authority. It is further pleaded that it was agreed upon between the brothers i.e. husband of Urmila Devi, Lalti Devi, and Bindu Devi that the house shall remain joint property, and business in the ho

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