RAJENDRA SHANKAR INDE Vs. NAGENDRA SHANKAR INDE

JUDGEMENT

(1.) Submissions of the Advocates appearing for the parties were heard on the last date. The challenge in the First Appeal No.2121 of 2006 is to the Judgment and Decree dated 1st March, 2003 passed by the Trial Court in a suit for partition and separate possession filed by the respondent. The said decree is a preliminary decree of partition. The challenge in the First Appeal (St.) No.3800 of 2008 is to the final Decree dated 28th March, 2005 passed by the Trial Court on the basis of the preliminary decree.

(2.) The submission of the learned Advocate for the appellant is that the impugned preliminary decree was passed in a hurried manner by the Trial Court without giving a proper opportunity to the appellant to defend himself. He has invited my attention to the roznama of the proceedings of the suit. He submitted that an opportunity deserves to be granted to the appellant to defend the suit as his case is of prior partition.

(3.) The learned Counsel appearing for the respondent opposed the said submissions by placing reliance on the evidence adduced in final decree proceedings. His submission is that in view of the admissions of the appellant recorded in the final decree proceedings, no fault can be found with the impugned preliminary decree. He submitted that the applicant has participated in the proceedings of the final decree and, therefore, no interference is called for with the preliminary decree.