SAVITRI DEVI Vs. SUSHILA MISHRA

JUDGEMENT

(1.) With the consent of the parties, the matter is heard finally.

(2.) The appellants/defendants have preferred this First Appeal under Sec. 96 of the Code of Civil Procedure, 1908 (for short 'the CPC') challenging the judgment and decree dtd. 30/10/2023 passed by the Second Upper District Judge, Ramanujganj, District Balrampur Ramanujganj (CG) in Civil Suit No.15A/2023, whereby the learned trial Court allowed the civil suit filed by plaintiff/respondent No.1 herein for declaration of her title on 1/7th share of the suit property after getting it partitioned and granting possession on her share. [For the sake of convenience, the parties would be referred to as per their status shown before the trial Court.]

(3.) Facts of the case, in brief, are that both the parties are members of same family as plaintiff and defendants No.2 to 6 are brothers and sisters and defendant No.1 is their mother. As per pleading of the plaintiff, the suit property is an ancestral property of plaintiff and defendants, therefore, plaintiff has coparcenary right over the suit property. It has further been averred that despite of requests made by plaintiff, her share was not given by defendants, therefore, she filed civil suit for declaration of her title, permanent injunction, partition and possession of the suit properties.