CHOTELAL Vs. RAGHUVANSHMANI AGNIHOTRI

JUDGEMENT

(1.) HEARD .

(2.) BY filing this appeal under Order 43 Rule 1(u) of the Code of Civil Procedure the appellants/plaintiffs have challenged the judgment and order dated 28.10.2005 passed by the I Additional District Judge, Satna in Civil Appeal No.50 -A/2004 whereby the first appellate Court by allowing the application filed by the appellants under Order 6 Rule 17 of the C.P.C. remanded the matter to the trial Court for framing necessary issues following the acceptance of the appellants' application for amendment and for deciding the suit afresh.

(3.) BRIEFLY stated the appellants/plaintiffs filed the suit for declaration of their title over one third share in respect of the suit land stating further therein that they are in possession over their share of land and the defendants are threatening to dispossess them. The defendants denied the claim of the plaintiffs. It was pleaded on behalf of Defendant No.1 that the partition of the joint family property had already been taken place and as such the plaintiffs were not entitled to claim any relief. The trial Court decreed the suit by holding that the suit lands were the joint family property and the plaintiffs are entitled to one third share in the suit lands. However, it held that the plaintiffs were dispossessed during the pendency of the suit and since no relief of possession was claimed, no decree was passed for possession of the suit land and the trial court did not issue injunction against the defendants. Against the said judgment and decree passed by the trial Court the Defendant No.1 preferred an appeal.