NARENDRA KANTE Vs. ANURADHA KANTE

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order dated 13th October, 2008, passed by the Gwalior -Bench of the Madhya Pradesh High Court dismissing Miscellaneous Appeal No. 478 of 2007 filed by the appellant herein. The said Miscellaneous Appeal had been preferred by the appellant against the order dated 14th February, 2007, passed by 5th Additional District Judge, Gwalior, in Civil Suit No. 08A of 2006 filed by the appellant rejecting the appellant's application under Order 39 Rules 1 and 2 of the Code of Civil Procedure.

(3.) The appellant herein had filed the above-mentioned suit for declaration and permanent injunction and also mandatory injunction in respect of the suit property situated at Nadigate Jayendra Ganj, Lashkar, Gwalior, bearing Survey No. 37/903 on the ground that the suit property was the ancestral property of his father, Bapu Saheb Kante, who had died intestate on 13th May, 1976. The application for ad-interim injunction had been filed in the suit which was rejected by the Trial Court on the ground that a partition had been effected between the legal heirs of Bapu Saheb Kante. It was also held that a Family Settlement had been effected between the heirs of Bapu Saheb Kante, whereby Smt. Putli Bai and Surendra Kante, the widow and son of Bapu Saheb Kante, acquired a 50% share of House No. 95/21. The Respondent Nos. 1 and 2 herein are the widow and daughter of late Surendra Kante, and after his death their names were recorded in the Municipal records.