PRAMOD KUMAR ZOPEY Vs. SMT. SMITA ZOPEY

JUDGEMENT

(1.) The petitioner/plaintiff has filed this petition under Article 227 of the Constitution of India being aggrieved by the order dated 8.7.2016 passed by the III Additional Judge Class I to the Court of First Civil Judge, Class I, Bhopal in RCS No. 946A/2015.

(2.) In brief the facts of the case are that the petitioner has filed a civil suit at Bhopal seeking declaration and permanent injunction against respondents No. 1 to 6. The petitioner and the respondents No. 1 and 2 are real brothers and sister. Their father Late Shri Govind Krishna Rao Zopey in his life time had made certain arrangements in respect of the property held by him through a Will in which the petitioner was given 1350 sq.ft. of constructed area whereas 360 sq.ft. was given to his daughter Smt. Smita Zopey till her life time and thereafter the same was to devolve to the petitioner and the rest of the area was bequeathed to respondent No. 2, the brother of petitioner.

(3.) For execution of the aforesaid Will, a civil suit was filed at Bhopal and it was decreed on 22.9.2010 and the property was partitioned wherein the petitioner was given 1350 sq.ft. of constructed area and Smt. Smita Zopey was given 360 sq.ft. only for her life time as thereafter it was to devolve to the petitioner.