UJWALA Vs. PRAKASH

JUDGEMENT

(1.) This appeal is preferred against the judgment and decree passed by the learned District Judge-1, Nagpur in Regular Civil Appeal No.792/2022, dtd. 26/6/2023.

(2.) Brief facts of the case are that the plaintiff Prakash s/o Govindrao Dharmadhikari filed suit for partition and separate possession, declaration and perpetual injunction against the defendants of the following properties. These were the subject matter of the suit; (i) House No.234, Ward No.22, situated at Hanumant Ward, Pandhurna, Tahsil-Pandhurna, District-Chindwara (M.P.) and (ii) Plot No.C-92, ad-measuring 96 Sq. Meters out of Khasra No.25/2k situated at Ward No.95, Nagpur.

(3.) The plaintiff contended that his father defendant no.1 Govind having three sons Prakash-Plaintiff, Ashok, the defendant no.2, Anant and the defendant no.3 daughter Ulka. The defendant No.4/Appellant is purchaser of the suit property situated at Pandhurna. During the pendency of the first appeal, defendant no.1 Govind died.