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2016 Supreme(MP) 622

S.K.AWASTHI
Sushila Bai – Appellant
Versus
Rajkumari – Respondent


Advocates:
Vilas Tikhe for appellants; R. K. Upadhyay for respondents.

ORDER

1. The subject matter of the present second appeal is the judgment and decree dated 18.12.2013 passed in Civil Appeal No.29-A/2012 by Additional District Judge, Chachoda, District Guna (M.P.), whereby the judgment and decree dated 7.5.2012 passed in Civil Suit No.1-A/2012 by the Additional Judge to the Court of Civil Judge Class-1, Chachoda, District Guna, rejecting the suit filed by the present appellants/plaintiffs has been affirmed.

2. The facts in brief necessary for adjudication of the instant appeal are that the appellants/plaintiffs are the daughters of the deceased defendant No.1 Shrilal, who expired during the course of consideration of the first appeal. The deceased defendant No.1 Shrilal was a coparcener with his father Shri Biharilal being the Karta of the Hindu Undivided Family (for brevity, 'HUF'). The defendant No.1 had two brothers, who further have their children. After the death of Biharilal, the remaining coparceners, i.e., the defendant No.1 and his two brothers, entered into family settlement and carried out partition of the properties in the name of HUF. Subsequent to partition, the defendant No.1 acquired the ownership of Survey No.503 admeasuring 3.166
















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