RAMESHWAR PRASAD GUPTA Vs. RAJINDER KUMAR GUPTA

JUDGEMENT

(1.) BY this order I propose to decide the two applications being IA No.13665/2009 and IA No.6852/2011. The first application IA No.13665/2009 is filed by the plaintiff under Order XII Rule 6 read with Section 151 CPC for passing the preliminary decree for partition of the property on admission. The second application under Order VII Rule 11 read with Section 151 CPC is filed by defendant No.1 for dismissal of the suit for petition filed by the plaintiff.

(2.) THE plaintiff and defendant Nos.1 to 3 are three brothers and one sister.

(3.) THE defendant No. 3 (Sister) on 26.3.1999 relinquished her share in favour of all three brothers and executed a registered Relinquishment Deed which is duly admitted and even relied upon by all the parties including contesting Defendant No. 1.