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2007 Supreme(MP) 879

U.C.MAHESHWARI
GOVERDHANDAS AGRAWAL – Appellant
Versus
GOPIBAI AGRRAWAL wd/o SHRINATHMALJI – Respondent


Advocates Appeared:
A.D.Deoras, K.L.Gupta, R.K.Jaiswal, R.P.AGRAWAL, SHARAD GUPTA,

Judgment

( 1. ) THIS judgment shall govern aforesaid both the appeals arising out of the same judgment and decree dated 17-2-1992 passed by First additional District Judge, to the Court of District Judge, Bhopal in Civil Original suit No. 20-A/1985 whereby the suit for partition and separate possession filed by the Gopibai plaintiff, the appellant of F. A. No. 111/92 while the respondent no. 1 of F. A. 110/92 against the deceased defendant Govardhandas the predecessor of the respondent No. 1 to 3 of F. A. No. 111/92 while the appellant nos. 1, 2 and respondent No. 3 in F. A. No. 110/92 has been decreed in part for 1/4 share in the disputed house. Hereinafter for brevity said Gopibai and govardhandas with his legal representatives are said to be plaintiff and defendant respectively Being aggrieved by the aforesaid decree the plaintiff filed the appeal for enhancement of her share in the property from 1/4 to 1/2 while on behalf of the defendant the appeal is preferred for setting aside the entire decree by dismissal of the suit.

( 2. ) IT is not in dispute that the principal owner of the disputed house late chhotulal was the father of late Smt. Saoubai, the mother of both the parties.


































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