Second Appeal dismissed in limine. The Court held that the finding of partition by lower courts was a fact-based conclusion, not perverse, and thus no substantial question of law arose.
Second Appeal dismissed in limine without notice to the other side.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Second Appeal No.123 of 2009
---- Appellant
Versus
---Respondents/Defendants
For Appellant :Shri Manoj Paranjpe, Advocate For Respondent No.15/State : Shri Chandresh Shrivastava, Dy. Advocate General
Hon’ble Shri Justice Sanjay K. Agrawal
Order on Board
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05.8.2020.
5 . The plaintiff and the defendants are the successors of late Dallu. Dallu had two sons namely Burga and Jarra. The plaintiff and respondent No.1/defendant No.1 are the sons of Burga whereas other defendants are successors-in-interest of Jarra. The plaintiff filed suit for declaration of title, partition and possession of the suit land on the pleading that the suit property was jointly held by the plaintiff and the
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defendants and the plaintiff and defendant No.1 are owners of the ½ share of the property and other defendants are owners of ½ share of the property, therefore, decree for declaration of title, partition and possession may be granted. The defendants opposed the plea of the plaintiff on the ground of earlier partition. The trial Court on appreciating the documentary evidence held that partition has already been taken place between the plaintiff and the defendants, therefore, the plaintiff is not entitled for decree for partition and possession. The first appellate Court affirmed the said finding of the trial Court.
in limine without notice to the other side. No cost(s).
Sd/-
(Sanjay K. Agrawal) JUDGE
Bini
1 issue framed by the court
Whether the finding that partition has already been effected between the plaintiff and defendants involves a substantial question of law for second appeal.
Prem Uraon
Mangal Uraon
Devnath
Baijnath
Kalpnath
State of Chhattisgarh
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
