RAMRATAN GUPTA Vs. ANIL KUMAR GUPTA

JUDGEMENT

(1.) This first appeal under Section 96 of CPC has been filed against the order dated 15/3/2007 passed by the Eleventh Additional District Judge (Fast Track) Gwalior in Miscellaneous Civil Case No.35/2006.

(2.) The present first appeal was filed by defendant no.1-Ramratan Gupta, who died during pendency of the appeal and now this appeal is being prosecuted by his legal representatives.

(3.) The necessary facts for disposal of the present appeal in short are that Anil Kumar Gupta had filed a suit for partition and permanent injunction on the ground that he has 1/60th share in the house in question and thus, it was prayed that after carrying out the partition by metes and bounds, the plaintiff may be granted possession of 1/60th part of the house and till then, it was prayed that the defendant no.1 may be restrained from alienating the house in question as well as from sharing the possession with any third person.