MANORANJAN PRASAD PANDEY Vs. JAMUNA BAI

JUDGEMENT

(1.) Challenge to this appeal preferred by Defendant No.1 - Manoranjan Prasad Pandey under Order 43 Rule 1 (u) of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC') is the judgment dated 13.05.2014 passed in Civil Appeal No. 92-A/2013, whereby the appellate Court, while setting aside the judgment and decree dated 09.10.2013 passed by the trial Court in Civil Suit No.76-A/2013, has remanded the matter for its fresh trial. 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 Plaintiff - Smt. Jamuna Bai instituted a suit claiming 1/3rd share over the properties in question described in plaint Schedules "A & B", which are situated at village Baikunthpur and Jorapali of Tahsil and District Raigarh. According to the Plaintiff, it was acquired by her father Abhayram Pandey and upon his sad demise, it was inherited by all of his heirs in equal interest of 1/3rd share and the revenue papers were mutated accordingly. Further contention of her is that without her knowledge, Defendant No.1 - Manoranjan Prasad Pandey, who is her brother's son, has obtained the revenue papers recorded in his name, and therefore, she has been constrained to institute the suit in the instant nature.

(3.) The Defendant No.1, while contesting the suit, has set up his interest based upon the registered deed of will dated 25.05.1964, said to have been executed by his grandfather - Abhayram Pandey, while Defendant No.4 - Smt. Reeta Yadava has set up her claim with regard to the part of Kh.No. 119/1 admeasuring 1500 sq.ft. based upon a registered deed of sale executed in her favour by the said Defendant. Other Defendants were proceeded ex parte.