Omnarain Sharma Son of Late Shri Narain Ji Sharma VS Jagdish Narain Sharma

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

NARENDRA SINGH DHADDHA
Omnarain Sharma Son of Late Shri Narain Ji Sharma – Appellant
Versus
Jagdish Narain Sharma – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr. Manish Sharma, Advocate, Mr. Lakshay Pareek, Advocate, Mr. Shreyansh Sharma, Advocate
For the Respondent:Mr. Hanuman Chaudhary, Advocate, Mr. Shailesh Prakash Sharma, Advocate

JUDGMENT

Instant appeal has been filed by the appellant-plaintiff (for short ‘the plaintiff’) against the judgment and decree dated 23.09.2008 passed by Additional District Judge (FT) No.5, Jaipur City, Jaipur (for short ‘the trial court’) in Civil Suit No.162/2004 (191/2004) titled as Om Narain Sharma Vs. Jagdish Narain Sharma & Ors., by which the trial court dismissed the suit filed by the plaintiff for partition, rendition of accounts, mesne profit, compensation and permanent injunction.

2. Brief facts of the case are that the plaintiff filed a suit for partition, rendition of accounts, mesne profit, compensation and permanent injunction in which he stated that plaintiff and defendant No.1 are co-sharers as the predecessor-in-title Laxmi Narain Sharma left behind two sons namely Shri Narain Sharma and Jagdish Narain Sharma. Jagdish Narain Sharma expired in 1950 and he was survived by present plaintiff. Plaintiff and defendant No.1 were having 1/2 share in the House bearing No.1740, situated in Jat Ke Kua Ka Rasta, Chowkri Purani Basti, Chandpole Bazar, Jaipur. Plaintiff’s father and defendant No.1 had 1/2 share in the immovable property. Plaintiff and defendant No.1 had also agr

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