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2022 Supreme(MP) 445

RAJEEV KUMAR DUBEY
Premlal Kadak – Appellant
Versus
Madhukar Kadak – Respondent


Advocates Appeared:
For the Appellant : Shri Jaideep Sirpurkar, learned Senior Counsel.
For the Respondents: Shri A.K. Tiwari, learned counsel, Shri Sunil Gupta, Panel Lawyer.

JUDGMENT :

This Second Appeal has been filed under Section 100 of Code of Civil Procedure against the judgment & decree dated 10/02/2020 passed by Additional District Judge, Sausar, Distt. Chhindwara in Civil Appeal No.48-A/2018, whereby learned ADJ dismissed the appellants' appeal and affirmed the judgment and decree dated 25/01/2018 passed by Civil Judge Class-I, Sausar, Distt. Chhindwara in Civil Suit No.2-A/2012, whereby learned Civil Judge Class-I partly allowed the suit and declared that respondent no.1 (Plaintiff of the case) is having 1/5th share in agricultural land survey no.340 area 1.618 hectare and 1/3rd share in the land survey no.342/3 area 2.022 hectare located at Halka Savanga, Tehsil Sausar (further referred to as Suit land) and is also entitled to get them partitioned and get vacant possession of his respective share in the suit lands post partition.

2. It is admitted between the parties that the land survey no.340 area 1.618 hectares was earlier owned by Ramchandra. He died in the year 1980. Ramchandra had three sons namely Madhukar (respondent no.1), Premlal (appellant no.1) and Vaman and two daughters Saraswati (respondent no.2) and Vimal (respondent no.3). Vama

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