NOUSHAD Vs. HASNA

JUDGEMENT

(1.) The above appeal was decided by a Division Bench of this Court as per judgment dated 21/7/2017. Later, it was brought to our notice that 3rd appellant died during the pendency of the appeal and the legal heirs were not impleaded. Accordingly, the judgment was recalled as per order dated 25/7/2019 in IA No.5/2018 pursuant to which the legal heirs of the deceased 3 rd appellant have been impleaded as additional respondents in the appeal. We heard the learned counsel appearing on either side.

(2.) The short facts in OP No.1180/2011 against which the aforesaid appeal has been filed are as under:-

(3.) Respondents denied the allegations. They denied having been entrusted with 70 sovereigns of gold ornaments. They admitted that she had gold ornaments during the time of marriage but they were not aware of the quantity of the same. It is contended by the respondents that the petitioner used to keep the gold ornaments underneath her pillow in a bag and when she left the matrimonial home, she had taken away the gold ornaments.