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2018 Supreme(MP) 222

ROHIT ARYA
Visnushankar (since dead) – Appellant
Versus
Girdharilal – Respondent


Advocates Appeared:
For the Appellant :Shri. Arvind Vikas Khare, Advocate
For the Respondent:Shri. Sunny Gawade, Advocate appeared on behalf of Shri. Kamlesh Mandloi, Advocate, Ms. Bhakti Vyas, Government Advocate

JUDGMENT :

Rohit Arya, J.

This appeal by defendants No.2 (since dead), 5, 6, 7 & 8 is directed against the judgment and preliminary decree dated 26/09/2002 passed in civil suit No.51A/2001 by II Additional District Judge, Ujjain, decreeing the suit to the extent that the plaintiff and defendant No.1 are entitled for 3/10th share in the suit house No.44/1 (described in paragraph 45 of the judgment) and agricultural land admeasuring 0.648 Are falling in survey No.501/2 situated at village Jiyapur, tahsil & district Ujjain. Likewise, the defendants No.3 and 4 each are declared to have title and possession of 1/20th share with consequential relief of the nature of option available to the parties for exchange by mutual consent and the agricultural land be demarcated by the revenue authorities in the presence of parties, accordingly.

2. To appreciate the relationship amongst the parties, it is necessary to embody the pedigree as explained in paragraph 1 of the plaint:

Shobaram (dead)

Bhagirath (dead)

Nathulal (dead)

Punamchand (dead)

 

 




































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