SUMITRA BAI ALIAS KALI BAI Vs. RAMESH LODHI

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter was finally heard on 20/3/2025 and today the judgment is being pronounced.

(2.) By the instant appeal filed under Sec. 96 of the Civil Procedure Code, the appellant-plaintiff is challenging the validity of the judgment and decree dtd. 18/12/2017 passed in Civil Suit No.1158- A/2014 by the District Judge, Bhopal.

(3.) A suit was filed by the plaintiff/appellant for declaration, partition, possession and permanent injunction. The trial Court dismissed the suit vide impugned judgment and decree mainly on the ground that the suit was barred by time and also observed that although the property was ancestral but the father of the plaintiff namely Motilal died before 9/9/2005 and as such on the date of death of her father, the plaintiff cannot be considered to be a co-sharer in the said property and as such, she did not have any right to claim share in the property and as per Sec. 6 of the amended Hindu Succession Act, she did not have any right over the property.