ISHAQUE MOHD & ORS Vs. SAINI BEGAM

JUDGEMENT

(1.) This appeal is directed against a final decree dated 7.12.2005 passed by 5th Additional District Judge, Sagar district Sagar in Civil Suit No. 33A/2003. The defendants have also challenged preliminary judgment and preliminary decree dated 24.2.2004 passed by the same Court.

(2.) Learned counsel for the appellants submitted that the Court below erred in granting 5/8th share to the respondent/plaintiff while as per Mohammedan Law she was not entitled for the same share. The appellants also challenged the will bequeathed by Pyar Mohd. in favour of Saini Begam on the ground that the will was executed more than the share of Pyar Mohd. and the plaintiff was not entitled for such share even on the basis of will dated 3.2.1979.

(3.) Learned counsel appearing for the respondent raised a preliminary objection that the appellants cannot challenge the correctness of preliminary decree against which no appeal was preferred within the limitation and in this appeal, appellants have not filed any application seeking condonation of delay in filing appeal against preliminary judgment and decree. It is not in dispute that no application seeking condonation of delay has been filed in this appeal though the appellants have challenged the preliminary decree passed in the matter dated 24.2.2004.