LAWS(MPH)-2017-3-45

RAMVEER SHARMA Vs. SATYANARAYAN SHARMA AND OTHERS

Decided On March 22, 2017
RAMVEER SHARMA Appellant
V/S
Satyanarayan Sharma And Others Respondents

JUDGEMENT

(1.) Heard on the question of admission.

(2.) The present appeal under section 100 CPC has been preferred by the appellant against the judgment and decree dated 13.5.2016 passed by IV Additional District Judge, Bhind in First Appeal No. 11 -A/2016 confirming the judgment and decree dated 12.3.2015 passed by Second Additional Civil Judge to the Court of First Civil Judge Class-I Bhind in Civil Suit No.49-A/2010.

(3.) According to learned counsel for the appellant/plaintiff, a suit has been filed for declaration and permanent injunction and correction of revenue entries. As per the plaint allegation, petitioner/plaintiff and defendants No. 1 and 2/ respondents No. 1 and 2 herein are real brothers and partition in respect of joint family property (property in dispute) took place on 31.12.1989. On basis of that partition, properties as discussed in the plaint have been divided amongst plaintiff and defendants No. 1 and 2. As per the partition, petitioner/ plaintiff is the owner and possessor of the agricultural property whereas defendants No.1 and 2 are the owners and possessors of the house situate at Gwalior along with some jewellery etc. Thus prayed for relief of declaration and permanent injunction for declaration of partition and correction of revenue entries accordingly.