KAMAL NARAYAN GUPTA Vs. SHIV NARAYAN GUPTA

JUDGEMENT

(1.) This Appeal has been preferred by the Plaintiff Kamal Narayan Gupta under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC'), questioning the legality and propriety of the judgment and decree dated 21.12.2016 passed by the 2nd Additional District Judge, Raipur in Civil Suit No.28- A/2011, whereby, the Plaintiff's claim for partition and separate possession has been dismissed. The parties to this appeal shall be referred hereinafter as per their description before the Court below.

(2.) Briefly stated the facts of the case are that a suit for partition and separate possession has been instituted by the Plaintiff claiming 1/6th share with regard to the following ancestral properties situated at village Aarang, Tehsil Aarang, District Raipur:-

(3.) Along with aforesaid claim, he prayed for partition and separate possession with regard to the double-storeyed house being Municipal House No. 13/10 situated at Narmadapara, Station ward, Raipur. The said properties are referred hereinafter as the suit property "A" & "B" respectively.