MOTI LAL Vs. SMT VIDYA AND ORS

JUDGEMENT

(1.) For the reasons mentioned in the application, delay of 9 days in filing of the appeal is hereby condoned.

(2.) CM stands disposed of.

(3.) This appeal is at the instance of Defendant No. 2 assailing the judgment and decree of both the Courts below by which suit filed by the Plaintiff under Section 22 of the Hindu Succession Act, 1956 for pre-empting the sale executed by Defendant No. 1 in favour of Defendant No. 2, has been dismissed. Although, the suit filed by the Plaintiff has been dismissed yet Defendant No. 2 has come up in second appeal in order to assail the finding recorded by the Court below on issue No. 4.