LAWS(CAL)-2022-6-142

RADHESHYAM BHARTIA Vs. MANJU BHARTIA

Decided On June 27, 2022
Radheshyam Bhartia Appellant
V/S
MANJU BHARTIA Respondents

JUDGEMENT

(1.) The plaintiff has filed the instant application praying for drawing of a decree in terms of Judgment dt. 22/2/2021 passed in CS No. 100038 of 1995 (Old Suit No. 365A of 1995) by incorporating the Schedule A and Schedule B property as annexed with the plaint.

(2.) This Court vide Order dt. 22/2/2021 had passed the following order in GA No. 16 of 2018 in CS No. 100038 of 1995:-

(3.) The Counsel for the defendants raised objection by submitting that the plaintiff is not entitled to declaration of his 1/6th share in the movable properties mentioned in the Schedule-A and Schedule-B. In the Judgment and Order dt. 22/2/2021 while declaring the shares of the plaintiff and the defendants held that whether the suit properties mentioned in the said Schedule can be brought within the scope and ambit of the suit for partition is left open.