ALLAHABAD HIGH COURT
SIDDIQ AHMAD and OTHERS – Appellant
Versus
SHAUKAT ALI and OTHERS – Respondent
1
Court No. - 6
Reserved
A.F.R.
Case :- SECOND APPEAL No. - 447 of 1986
Appellant :- Siddiq Ahmad And Others
Respondent :- Shaukat Ali And Others
Counsel for Appellant :- Dr. Vinod Kumar Rai,Dr. Vinod Kumar Rai
Counsel for Respondent :- D.C. Srivastava,A.K. Srivastava,Amit
Khanna,Jugal Kishor Khanna,Kameshwar Rao,Mahendra Narain
Singh,Pankaj Mishra,S.K. Srivastava,S.P. Lal,Sanjay Kumar Singh,
Shrawan Kumar Pandey,Vinod Kumar Singh
Hon'ble J.J. Munir,J.
1.
This is a defendant's second appeal, arising out of a
preliminary decree passed in a suit for partition.
2.
Original Suit No. 22 of 1976 was instituted by Shaukat Ali,
arraying Nasiban Bibi as defendant no.1 and Rasheed @ Kallu,
Shaukat Ali's son as the second defendant. Jogendra Nath @
Lahiri and Lallu were arrayed as defendant nos. 3 and 4 to the
suit and Jamir Ahmad @ Jhamman Driver as the fifth
defendant.
3.
Shaukat Ali sought partition of the four houses, shown in
Schedule A to the plaint. The relief of partition is confined to
Shaukat Ali, defendant nos. 1 and 2. The other three
defendants have been impleaded for reasons that shall be
shortly indicated. The four houses set out in Schedule
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