KHATOON BIBI Vs. KSHITIJ SHARMA

JUDGEMENT

(1.) Heard Sri Vivek Kumar Singh, Sri Gulrej Khan and Sri J.H. Khan, learned counsel for the petitioners and Sri Umesh Vats, learned counsel for respondents No.1 to 3.

(2.) Petitioners who are mother, son and daughter instituted suit for partition in the form of O.S. No.167 of 1974. Petitioner No.1 is widow of Maqbool who was son of Habibullah. Habibullah died leaving behind his widow, three sons and three daughters. Maqbool one of the sons of Habibullah died after the death of Habibullah but before filing the suit for partition. The widow, other two sons and three daughters of Habibullah were made defendants in the suit. In the suit partition was sought of three properties. One was a house, and a shop situate in Mohalla Makdoom Shah Adhan Pargana Haveli, Tehsil Sadar, District Jaunpur. The other property was a shop situate in Mohalla Tartala, Jaunpur and the third property was an ahata in Mohalla Tartala. The suit was decreed on 24.08.1981 and a preliminary decree was passed and directed to be prepared. Against the said preliminary decree defendants filed Civil Appeal No.243 of 1981, which was decided on 07.07.1986 and shares were slightly modified. Thereafter, preliminary decree was prepared. Thereafter, Misc. Case No.30 of 1986 was instituted for preparation of final decree by plaintiffs petitioners.

(3.) Thereafter, plaintiffs and defendants sold the property in dispute to respondents No.1 to 3 through registered sale deed dated 24.05.1994, copy of which is Annexure SA-2 to the second supplementary affidavit filed by the petitioners. Thereafter, respondents No.1 to 3 applied for impleadment in the Misc. Case No.30 of 1986 and they were impleaded (impleadment application was allowed in the year 1986).