AFR HIGH COURT OF CHHATTISGARH, BILASPUR (Judgment delivered on 29.04.2024)

FA No. 431 of 2019 Rakesh Agrawal S/o Shri Raja Ram Agrawal Aged About 40 Years R/o A-206, Second Floor, Kuber Apartment, Near Shankar Nagar Chowk, Raipur District Raipur Chhattisgarh, --- Appellant Versus

1 - Laljee S/o Shri Raja Ram Agrawal Aged About 52 Years R/o Alkapuri Society, GIDC, Ankleshwar, District :Bharuch,Gujarat

2 - Shivram Agrawal S/o Shri Raja Ram Agrawal Aged About 48 Years R/o Alkapuri Society, GIDC, Ankleshwar District Bharuch, Gujrat, 3 - Vivek Kumar S/o Shri Raja Ram Agrawal Aged About 38 Years R/o Alkapuri Society, GIDC, Ankleshwar District Bharuch, Gujrat, 4 Chief Manager Chhattisgarh State Industrial Development Corporation Limited Raipur District : Raipur, Chhattisgarh --- Respondents For the Appellant : Mr. Amit Soni, Advocate For Respondent No.2 : Mr. Rajeev Shrivastava, Sr. Advocate with Mr.

Bharat Patel, Advocate.

For Respondents 1 & 3 : Mr. K. Rohan, Advocate.

For respondent no.4 : Mr. Trivikram Nayak, Advocate.

Hon'ble Shri Justice Goutam Bhaduri, Judge &

Hon'ble Shri Justice Radhakishan Agrawal, Judge C.A.V. Judgment Per Goutam Bhaduri, J

1) The instant appeal is against the judgment and decree dated 17^th September, 2019 passed by the Court of IX Additional District Judge, Durg, District Chhattisgarh in Civil Suit No. 80-A/2016 whereby the suit bearing No. C.S.No.80-A/2016 filed by the plaintiff for declaration, execution of sale deed and permanent injunction regarding property of Survey Nos. 459, 460, 462 area 40000 sqft wherein the Petrol pump namely Gourav Filling Station established over 10,000 sqft and the office of the same with its operation existing over 30,000 sqft situated at village Kohka, Tehsil, Bhilai, District Durg was dismissed.

2) The brief facts as pleaded in the plaint are that plaintiff Rakesh Agrawal, son of Raja Ram Agrawal filed a suit against his brothers namely defendants Lalji, Shivram and Vivek Kumar for declaration and permanent injunction inter-alia stating that the plaintiff and the defendants are the real brothers and constituted a joint family but subsequently they got separated. It was stated that one Company namely M/s. Ganesh Olio Chemical Pvt. Ltd was being run and operated at Raipur and the brothers inter-se entered into a family arrangement and got separated their shares. According to the plaintiff, the partition agreement (Ex.P-1) akin to Ex.P-12 was executed in between the brothers and as per the terms of agreement, (i) the disputed property namely Gourav Filling Station situated at Vaishali Nagar, Industrial Estate Kohka was being run in the name of Shiv Ram Agrawal and after the partition, the said petrol pump was agreed to be run by the plaintiff Rakesh Agrawal and it was further decided that the transfer-deed would be executed in respect of the said petrol pump as per the partition; (ii) It was further agreed therein the joint property situated at District Bharuch Gujarat was in the name of Rakesh Agrawal and after the partition, the same was to be recorded in the name of brother Shiv Ram Agrawal; (iii) another joint property which was in the name of Sakti Roadways and was operating at Raipur wherein different tankers, luxury buses were also partitioned and 3 residential houses of the joint property was also subject of partition. It was further stated that a house situated at Alkapuri Society in the name of plaintiff Rakesh Agrawal which was mortgaged with the Bank would be discharged by him on payment of dues of the Bank.

3) Reading of plaint averments would go to show that according to the family partition deed dated 12.7.2014, different properties were partitioned. The subject property in the suit is the petrol-pump which stands established over Kh. Nos. 459, 460 & 462 admeasuring 40000 sqft. The plaintiff claimed that it fell to the share of plaintiff and the defendant no.2 Shiv Ram Agrawal is not entitled to sell the same. By way of amendment, the plaintiff claimed that on the basi