Arshad Umar Khan v. Ahmed Umar Khan and Others

Court No. - 21

Case :- FIRST APPEAL FROM ORDER No. - 144 of 2024

Appellant :- Arshad Umar Khan Respondent :- Ahmed Umar Khan And Others Counsel for Appellant :- Uma Shankar Sahai,Devraj Singh,Manjeet Singh,Shashwat Srivastava

Hon'ble Jaspreet Singh,J.

Heard learned counsel for the appellant and perused the impugned award.

The instant appeal has been preferred under Order 43, Rule 1(u) CPC against the judgment and decree passed by the District Appellate Court dated 01.04.2024 whereby the appeal preferred by the respondent No.2 herein has been allowed and the matter has been remitted to the trial Court to re-consider and decide the application bearing Paper No.Ka-40 afresh.

The submission of the learned counsel for the appellant is that a suit for partition was filed by the respondent No.1, who was the plaintiff before the trial Court against the present appellant and the respondent No.2.

During pendency of the said suit, the parties entered into a compromise in terms whereof the respondent No.2 herein relinquished his share in favour of the appellant while the plaintiff-respondent No.1 got his 1/3 share. Though the respondent No.3 herein was not a party to the suit, but she being the sister had also joined the parties and stated that she had also relinquished her share in favour of all the three brothers.