PADMAVATHI Vs. J. MANOJ KUMAR

JUDGEMENT

(1.) Sri. P.D. Surana, learned counsel for petitioners submits that writ petition has been rendered infructuous, in view of disposal of RFA No.916/2014.

(2.) Placing submission on record, writ petition is dismissed as having become infructuous. IN WP.No.6582/2016: Sri. P.D. Surana, learned counsel for petitioners submitted that prayer sought for by respondents - plaintiffs herein in their plaint at Annexure - A is for allotment of half share in suit schedule property and this Court in RFA No.916/2004 held that respondents, who are children from second marriage of Sri. Jagadeesh Kumar, the propositus, would be entitled to half share in suit properties as sought by them. It was submitted that petitioners do not intend that this litigation should be lingering on interim application and instead a direction be issued to Trial Court to proceed to draw final decree demarking half share in favour of petitioners herein.

(3.) In view of fact that petitioners are agreeable for allotment of one half share of suit schedule property, there would be no impediment in directing Trial Court to apportion site and draw final decree within a time limit.