GIRJA SHANKAR Vs. SHANTIBAI

JUDGEMENT

(1.) THIS appeal is directed by the appellants - defendants under Order 43 Rule I(u) of the CPC being aggrieved by the judgment and decree dated 23.2.07 passed by the Additional District Judge (Fast Track), Amarpatan, District Satna in Civil Appeal No. 99-A/06 whereby setting aside the judgment and decree dated 31.8.05 passed by the Civil judge, Class-11, Amarpatan, District Satna in Civil Original Suit No. 32-A/05 dismissing the suit of the respondent no. 1 to 3 for declaration, partition and separate possession, remanded the suit to the trial court with a direction to decide afresh after impleading Kamla Bai and Kalabai, the daughters of late Chandrika Prasad and such other persons, having rights in the disputed property and extending them the opportunity to file written statements, document and adduce evidence.

(2.) THE appellants herein have challenged the aforesaid judgment and decree of the appellate court remanding back the case to the trial court on various grounds mentioned in the appeal memo.

(3.) HAVING heard counsel for the parties, I have gone through the impugned judgment as well as judgment of the trial court and also perused the record ofboth the courts below. It is apparent that the respondent no. 1 to 3 herein filed the suit against the appellants and the respondent no.4 for declaration, partition and separate possession of their ancestral landed property. On the pleadings of the plaint it appears that the provisions of the Hindu Succession Act are applicable to the parties and according to such provision the daughters of late Chandrika Prasad, the sisters of appellants namely Kamla Bai and Kalawati had their right and interest in such property as they inherited the same from late Chandrika Prasad. In the course of arguments it was pointed out that Kalawati had passed away and her son is alive.