GEETA DEVI MODI Vs. PRAKASH CHAND MPDI

JUDGEMENT

(1.) Since both the appeals arise out of same judgment and decree dtd. 14/12/2018 passed by 2nd Additional District Judge, Korba in Civil Suit No. 7-A/2014 and common facts are involved in both the cases, they are heard analogously and are being disposed of by this common judgment. For sake of convenience, the parties have been referred to as shown in the original suit filed before the trial court and issue involved in F.A. No. 3/2023 has been considered as lead case.

(2.) FA No. 3 of 2023 has been preferred by plaintiff/appellant Madan Lal Modi through its legal representatives assailing the judgment and decree dtd. 14/12/2018 passed by 2nd Additional District Judge, Korba in Civil Suit No 7A/14 whereby the suit filed by the coplaintiffs has been decreed and the suit with respect to the plaintiff Madanlal has been abated, no partition decree in respect of him has been passed by the learned trial Court as the plaintiff Madanlal Modi expired during pendency of the suit and his legal representatives have not been brought on record by other plaintiffs.

(3.) FA No 206 of 2019 has been preferred by the appellants/defendants Smt. Geeta Devi Modi and others assailing the judgment and decree dtd. 14/12/2018 passed by the Additional District and Sessions Judge Korba in Civil Suit No. 7A of 2014 and prayed for setting aside the same.