LAWS(ALL)-2014-11-102

KUNWAR MOHAN RAKESH Vs. KUNWAR MUKUL RAKESH

Decided On November 12, 2014
Kunwar Mohan Rakesh Appellant
V/S
Kunwar Mukul Rakesh Respondents

JUDGEMENT

(1.) We have heard learned counsel for the appellants and learned counsel for the respondent.

(2.) This appeal under Order 43 Rule 1(r) C.P.C. has been preferred against the Judgment and Order dated 07-11-2013 passed by learned Civil Judge, Malihabad (Senior Division), Lucknow in Regular Suit No. 538 of 2013, Kunwar Mohan Rakesh and Others Versus Kunwar Mukul Rakesh, whereby application under Order 39 Rule 1 and 2 C.P.C. moved by the plaintiffs-appellants against the defendant- respondent has been rejected.

(3.) The dispute involves bhumidhari plot no. 457 area 3 biswa and plot no. 466 area 3 biswa the ownership of which originally vested in late Kunwar Shanti Prakash. Appellants no. 1 to 3 and the respondent are his sons. There is one more son namely Kunwar Mridul Rakesh who has not been made a party either to the suit or the present appeal. Both the aforesaid plots stand amalgamated on the spot and there is a room along with one kitchen, toilet and a bathroom in the northern part of the aforesaid land since the life time of late Kunwar Shanti Prakash.