ASHOK Vs. ANUSAYA

JUDGEMENT

(1.) AGGRIEVED by the judgment and decree passed by the trial Court granting 1/5th share to the plaintiff and 1/5th share to each of the defendants 1 to 3, the 4th defendant has filed the present appeal.

(2.) THE parties are referred to as per their rank in the court below.

(3.) ON service of summons defendant Nos. 1 to 3 entered appearance through their counsel. Defendant No. 4 was represented by a separate counsel. Defendant Nos. 1 to 3 filed their written statement admitting the family genealogical tree relationship. The defendants admitted the plaint averments and sought for a counter claim by way of effecting partition in the suit schedule properties by allotting their legitimate 1/5th share each in the suit properties. They have also paid the court fee on their share claimed by them.