IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6760 OF 2019 (ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO. 9233 OF 2017)

COLONEL SHRAWAN KUMAR JAIPURIYAR @ SARWAN KUMAR JAIPURIYAR ….. APPLICANT(S)

VERSUS KRISHNA NANDAN SINGH AND ANOTHER …..RESPONDENT(S)

O R D E R

Leave granted.

2. In spite of second call, there is no appearance on behalf of Krishna Nandan Singh, the plaintiff, the first respondent before us.

3. The first respondent has filed a civil suit T.S. No. 97/16 against Sarwan Kumar Jaipuriyar, the appellant before us and Anil Kumar, the second respondent before us. The second respondent is the brother of the first respondent.

4. The plaint admits that there was amicable division and partition of Signature Not Verified property bearing Holding no. 163 old Holding no. 42, Ward No. 10 (New)

Digitaly signed by GULSHAN KUMAR ARORA Date: 2019.09.06 Reason:

7 (Old), Mahal No.1, Mohalla- Mainpura, P.S. Danapur, Patna amongst respondent no.1, respondent no.2 and their brother Sunil Kumar Mehta. This partition was evidenced by recording Memorandum of Partition dated 04.12.2008, which was signed and executed by the three brothers.

5. The factum of partition an