VINAY SAH Vs. ANSHU SHARMA

JUDGEMENT

(1.) This is defendant's second appeal, which has arisen out of a judgment and decree as rendered by the Civil Court in Civil Suit No. 23 of 2014 'Smt. Anshu Sharma vs. Sri Gopal Dutt Sharma and Another', by virtue of which the decree has been rendered by the Trial Court on 31.01.2018, and as a consequence thereto, the Suit for the relief of partition of half of the share of the property in question as detailed in the suit, was decreed in favour of the plaintiff to the Suit.

(2.) Subsequently, the said judgment dated 31.01.2018 was put to challenge in an Appeal by the defendant (appellant herein). The District Judge of Appellate Court in Civil Appeal No. 54 of 2018 'Sri Vinay Sah vs. Smt. Anshu Sharma and Another' had dismissed the Civil Appeal by the judgment dated 13.05.2019 impugned in the second appeal, and as a consequence thereto, the Appeal was dismissed and thereby affirming the judgment and decree dated 31.01.2018. Hence, the second appeal is concluded by concurrent findings of facts.

(3.) Learned counsel for the appellant had pressed in two major grounds for giving a challenge to the impugned orders in question. The fact of the matter as it emanates from records is that the respondent no. 2, who was defendant no. 2 in the Suit in question, which was preferred by respondent no. 1 herein, the respondent no. 1 on institution of the Suit on 01.05.2014, had sought a relief in relation to the property, which was more particularly described in paragraph 1 of the plaint, which is quoted hereunder: