CHANDRA PRAKASH GUPTA Vs. RISHI KESH GUPTA

JUDGEMENT

(1.) This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against judgment/ decree dated 08.04.2005 passed by First Additional District Judge, Durg (C.G.) in Civil Suit No. 7-A/2004, wherein the said court declared 7/24th share of respondent No. 1 in property mentioned in Schedule-C of the plaint.

(2.) As per case of respondent No. 1, property mentioned in Schedule-C is ancestral property and original owner of the said property was one Makhanlal. He died on 03.08.1988 leaving behind three sons namely Surya Prakash Gutpa, Chandra Prakash Gutpa and Om Prakash Gupta and three daughters namely Ratna Prabha Jain, Shashi Prabha Agrawal and Sneh Prabha Agrawal.

(3.) Respondent No. 1- Rishi Kesh Gupta who is son of Surya Prakash Gupta filed a suit for partition in which he mentioned that property mentioned in Schedule- A & B of the plaint have already been partitioned, but property mentioned in Schedule-C is not partitioned. Property mentioned in Schedule-C are land bearing Khasra No. 995/01 admeasuring 2.22 acres situated at village- Kasaridih, Patwari Halka No. 77, Tahsil & District- Durg (C.G.). Movable property mentioned in Schedule-C and one house situated at Baniya Para, Durg within municipal area.