LAWS(ALL)-2019-1-325

RAMESHWAR PRASAD VERMA Vs. SEETAMANI DEVI KUSHWAHA

Decided On January 11, 2019
Rameshwar Prasad Verma Appellant
V/S
Seetamani Devi Kushwaha Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present petition is directed against the order dated 18.07.2018 passed by the court of Additional District Judge and Sessions Judge, Court No.,11, Varanasi whereby the application paper no.99-Ga filed by the petitioner under section 151 of the Code of Civil Procedure, has been rejected.

(3.) The brief facts relevant to decide the controversy in hand are that the partition suit namely bearing Original Suit No.517 of 2001 (Smt. Sitamani Devi Kushwaha v. Rameshwar Prasad Verma) was instituted before the Court of Civil Judge (S.D.) Varanasi for partition of the house no. D- 64/150 and house no. D-064/150-A and half of the plot no.456/610/2 area 0.384 Air at the western side of which, house nos. D-64/150 and D-64/150-A were constructed. The description of the suit properties at the foot of the plaint is relevant to be reproduced herein:-