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2012 Supreme(MP) 715

S.C.SHARMA
Shankar S/o Bhima Kulmi – Appellant
Versus
Motilal S/o Shankar Kulmi – Respondent


Advocates Appeared:
For appellants : M. L. Agrawal, Senior Counsel with Mukesh
None for the respondents.

Judgment

The present first appeal has been preferred by the defendants before this Court challenging the judgment and decree dated 16-1-11996 passed by Additional District Judge, Dhar in Civil Suit No. 7-A/85 (Motilal and two others vs. Shankar s/o Bheema Kulmi and seven others).

2. In the present case, a suit for partition, separate possession and mesne profits was filed by the plaintiffs Motilal, Kalu and Devkunwerbai. The genealogy of the parties of the suit is as under :-

 

  Shankar (Defendant No. 1/appellant No. 1) Rukhmabai (wife) (Defendant No. 2/appellant No. 2)
  Devkunwerbai (wife) Plaintiff No. 3/respondent No. 3    
  Motilal (plaintiff No. 1/respondent No. 1) Kalu (plaintiff No. 2/respondent No. 2)    
Ghanshyam Deft. No. 3/Apt. No. 3 Kailash Deft. No. 4/Apt. No. 4 Jagdish Deft. No. 5/Apt. No. 5 Rupchand Deft. No. 6/Apt. No. 6 Kamal Deft. No. 7/Apt. No. 7

3. A suit was filed by the plaintiffs on 12-5-1978 claiming themselves to be an indigent persons and a trial Court vide order dated 5-10-1981 permitted the plaintiffs to prosecute a suit as indigent persons. A written statement was preferred by the defendants and the plain averments were denied. Various a









































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