SUDHANSHU SHEKHAR SHUKLA Vs. MEENAKSHI TRIVEDI AND ORS.

JUDGEMENT

(1.) The present petition is against the order dtd. 30/11/2017, whereby the application filed under Sec. 35 of the Indian Stamp Act, 1899 (hereinafter referred to as 'the Act, 1899') raising objection about the admissibility of a document tendered during the evidence, was dismissed.

(2.) Brief facts of this case which would be necessary for adjudicating the dispute involved in the present petition are that present respondent No.1 Smt. Meenakshi Trivedi, Respondent No.2 Manohar Lal Trivedi, Respondent No.3 Vimal Trivedi and Respondent No.4 Snehal Trivedi had filed a suit being Civil Suit No.133-A/2011 before the VI Additional District Judge, Raipur against respondents No.5 to 21 and the petitioner for partition of the house situated within the Municipal limit of Raipur and claimed partition of 1/5th share each and preliminary decree was sought by appointment of a Commissioner. The other relief was claimed that after the partition by the Commissioner final decree be passed and each of the parties be put to their possession of the suit property.

(3.) The further case of the Respondents No.1 to 4 and the plaintiff is that house bearing No.10/455 admeasuring 2400 sq. feet was owned by Late Shri Parmeshwar Dayal Shukla and the same was purchased in the name of Smt. Bhagwati Bai by sale deed dtd. 19/2/1950. The Family tree as was given in the plaint is reproduced hereunder:- <IMG>JUDGEMENT_73_LAWS(CHH)4_2018_1.jpg</IMG>