BHAGWATI Vs. LAXMI DEVI

JUDGEMENT

(1.) THE appeal impugns the judgment and preliminary decree for partition dated 4th October, 2013 of the Court of Additional District Judge ­ 09,Central, Tis Hazari Courts, Delhi in Civil Suit No. 704/2008 (Unique case I.D. No. 02401C0467672003) filed by the two respondents.

(2.) THOUGH this first appeal is listed today before this Court for the first time and is ordinarily required to be considered after requisitioning the trial court record and issuing notice to the respondents but prima facie not finding any merit in the appeal and not finding any need to follow the routine procedure merely to pay lip service thereto, the counsel for the appellant has been heard in extenso.

(3.) SMT . Somwati died during the pendency of the suit and the respondent no.1/plaintiff claimed that Smt. Somwati had left a registered Will bequeathing her 1/3rd share in the said property in favour of her daughter respondent no.1 and her husband respondent no.2. The respondent no.1 thus claimed to be the owner of one half share in the entire property and her husband respondent no.2 was the owner of 1/6th share in the property and the appellant was the owner of remaining 1/3rd share in the property.