KHAIRUNNISABEGUM Vs. NAFEESUNISA BEGUM

JUDGEMENT

(1.) AGGRIEVED by the passing of partial decree in favour of the plaintiffs as well as partially granting counter claim in the same suit, both the plaintiffs and defendants have filed the present appeals.

(2.) SPECIAL Civil Suit No. 229 of 2009 was filed by Nafeesunisa Begum and her two sisters. During the pendency of the suit itself, as they have died, their legal representatives were brought on record. They are now appellants in First Appeal No. 505 of 2013. Similarly, the defendants have preferred First Appeal No. 1115 of 2013. In the circumstances, in order to avoid the confusion, the parties would be termed as "plaintiffs" and "defendants", as arrayed before the learned trial Court.

(3.) FAROOQ Mohammad Khan died on 1st June, 2008. Since there are no male issues left behind him, the plaintiffs claimed that after share to the wife and daughters, the defendants are entitled for the remaining share as residuaries. According to them, since defendants got their name mutated in the revenue record regarding some of the property and threatened to create third party interest, the present suit for partition and separate possession alongwith perpetual injunction came to be filed.