SURESH Vs. JAGDISH PRASAD

JUDGEMENT

(1.) This Second Appeal has been filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 14/5/2008 passed by Ist ADJ, Katni in Civil Appeal No.8-A/2008 whereby learned ADJ affirmed the judgment and decree dated 31/1/2008 passed by IInd Civil Judge Class-I, Katni in Civil Suit No.9-A/2006 whereby learned Civil Judge rejected the civil suit filed by the appellant/plaintiff no.1 and respondent Nos. 11,12,13, late Vijay (earlier respondent no.10) and Savitri Devi (earlier respondent no.14) praying for declaration that suit properties mentioned in Schedule A,B,C,D and E annexed with the plaint (hereinafter referred to as suit land) are Joint Family Property of plaintiffs and defendant Nos. 1 to 8 and gave separate possession of the plaintiffs' 1/4th share in the suit land after partition by metes and bounds. A gift deed executed by Lt. Smt. Foola Bai dated 05/06/1981, the order of Tehsildar, Tehsil Rithi and settlement deed dated 14/07/2001 and the order of Tehsildar, Tehsil Rithi dated 20/10/2003 regarding partition of suit land were also sought to be declared to be null and void.

(2.) This is notable here that earlier Civil Suit no. 15A/2005 was filed by appellant Suresh, respondent no. (10) Vijay, (11) Ashok Kumar, (12) Kuldeep (13) Sushila Devi and (14) Savitri Devi and against the judgement & decree of that suit passed by Civil Judge Class I, Katni, the first appeal was also filed by them. But, this second appeal was filed only by Suresh Plaintiff No.1 by making remaining plaintiffs as respondents nos. 10 to 14.

(3.) During Pendency of this appeal, the respondent No.1/1st defendant of the suit Jagdish died and his L.Rs brought on record as respondent 1A to1G by names Vinay Kumar, Rakesh Kumar, Anil Kumar, Aarti Devi, Anand Kumar, Manju Devi and Akhilesh Chanpuriya vide order dated 25/02/2013. Jagehwar Prasad, who was the respondent No.3/3rd defendant of the suit also died and his L.Rs brought on record as respondents 3A to 3F by names Savitribai, Anup Chanpuriya, Arvind Chanpuriya, Prashant Chanpuriya, Pushpa Devi and Chhitij Chanpuriya vide order dated 25/02/2013 and Vijay, who was the respondent no.10/plaintiff no.2 of the suit died and his L.Rs brought on record as respondents 10A and 10B by name Vijaya Devi and Raj Chanpuriya vide order dated 25/02/2013. Savitri Devi Respondent No.6/ 6th Plaintiff of the original suit and newly added respondent 3A Savitribai also died during the pendency of this appeal their names were also deleted vide order dated 01/11/2013. The appellant and respondents shall be referred to as described in the suit.