MANISH BABEL Vs. PRAMOD BABEL

JUDGEMENT

(1.) The present petition has been filed under Article 227 of the Constitution of India being aggrieved by order dated 23/04/2019 passed by the trial Court.

(2.) The facts of the case reveal that the petitioner ? plaintiff has filed a civil suit for declaration, partition, possession and for mesne profit and the respondents before this Court are defendants. The plaintiffs and defendants are real brothers and sisters. As per the plaint averment the father expired intestate and being the children a prayer has been made in the plaint for ?th share in the disputed property.

(3.) The issue No.1 framed by the trial Court relates to the fact whether the property belongs to father of the plaintiff and defendants or not? The issue No.2 was whether the property was initially owned by Late Madanlal Babel (Madanlal Babel is father of Manoharlal Babel) or not?