Patna High Court - Orders
Ram Prasad Gahlot & Ors vs Sita Ram Dusadh & Ors on 8 February, 2018
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Second Appeal No.39 of 2016
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Ram Prasad Gahlot & Ors
... ... Appellant/s
Versus
Sita Ram Dusadh & Ors
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Nand Kishore Prasad Sinha
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
3 08-02-2018The appellants are plaintiffs who had claimed their share, seeking partition in Partition Suit No.205/1985 in respect of property situate at villages Mansara and Simra Telpura. The courts below have accepted the plea of agnatic relationship between the plaintiffs and the defendants and have decreed the suit in favour of the plaintiffs-appellants, but only in respect of the property situate at village Mansara. In respect of the property at village Simra Telpura, the courts below have held that there was no agnatic relationship as the said property was in the name of one Aklu Gahlot, the ancestor of the defendants.
The substantial question of law which the present second appeal involves is that in the absence of any finding of partition between the two branches of Brijlal Gahlot, the common ancestor and/or finding of self acquisition of the property by Aklu Gahlot at village Simra Telpura, the courts below could have denied the share Patna High Court SA No.39 of 2016(3) dt.08-02-2018 2/2 in favour of the plaintiffs in respect of the property at village Simra Telpura. The other substantial questions of law which the present second appeal involve is as to whether the finding recorded by the courts below suffers from perversity on this count.
I.A. No. 1641 of 2017 has been filed for stay of Execution Case No. 01/2017 arising out of decree under challenge which is pending in the court of learned Sub-Judge 1 st, Aurangabad during the pendency of the present second appeal..
Admit.
Call for the lower court records.
Issue appeal notices to the respondents under both modes for which requisites must be filed within two weeks, failing which the appeal shall stand dismissed without further reference to a Bench.
Also issue notices to the respondents in I.A No. 1641 of 2017 under both modes on the requisites being filed within two weeks, failing which the said application shall stand rejected without further reference to a Bench.
In the meanwhile, the parties shall maintain the status quo.
(Chakradhari Sharan Singh, J) HR/-
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