LAWS(CAL)-2017-12-283

SMT. RAJUL MUKIM Vs. SUMERMAL SURANA AND ANOTHER

Decided On December 14, 2017
Smt. Rajul Mukim Appellant
V/S
Sumermal Surana And Another Respondents

JUDGEMENT

(1.) The appeal arises out of the order of dismissal suffered by the appellant on an application to intervene in execution proceedings pertaining to a partition decree.

(2.) There were five parties to the partition suit: husband and wife Surana, husband and wife Bhandari and a company by the name of Khazana Gold and Diamonds Pvt. Ltd. There were previous disputes between the Suranas and the Bhandaris pertaining to the control of company Khazana. The partition suit has come to an end upon the only immovable property at Darga Road being divided by metes and bounds between the parties. Khazana was found to be entitled to one-fifth share in the Darga Road property and has been allotted approximately 5047 sq. ft. at the third floor of the building at the Darga Road property.

(3.) The appellant is a daughter of the Bhandaris. The appellant claims to have purchased a part of the Khazana's undivided interest in the Darga Road property at a time when the suit had been instituted but prior to any preliminary decree being passed therein. The suit was instituted in 2004. The appellant purchased a part of Khazana's undivided share in the property on February 28, 2011. A preliminary decree was passed in the suit on November 26, 2014 before it has been finally decreed on July 14, 2016.