Madhya Pradesh High Court
Basmati vs Hiramani on 15 November, 2016
WP-4414-2016
(BASMATI Vs HIRAMANI)
15-11-2016
Shri S.M. Guru, Advocate for the petitioners.
Shri Rajkamal Chaturvedi, Advocate for the respondents.
Respondents No.1 to 9 had filed a suit for partition of the ancestral property. The suit is pending in the Court of 1st Civil Judge Class-II, Mauganj, District-Rewa. Petitioner No.1 claims to be the daughter of Bhagwant and petitioner No.2 to 6 are the sons. They claim share in the suit property through Bhagwant admittedly an uncle of the plaintiffs. The trial Court rejected the application under Order 1 Rule 10 CPC by order dated 14.12.2015 only on the ground that husband of Basmati namely Gulab Prasad Gupta has no nexus to the property. The trial Court also rejected the application on the ground that Sarpanch has not prepared the ancestral family tree.
The trial Court completely misread the application while rejecting it. The order of the trial Court is unsustainable in law and is hereby set aside and the Court is directed to consider and decide the application under Order 1 Rule 10 CPC, a fresh, in accordance with law.
With the aforesaid, writ petition is disposed of. There shall be no order as to costs of this writ petition.
(S.K. SETH) JUDGE irfan