RAMESH CHANDER Vs. BIMLA

JUDGEMENT

(1.) Ms. Seema K. Guleria, learned counsel, fairly states that since appellants herein have been also held entitled to 50% of the suit property in an earlier Civil Suit No. 235/1 of 1995/89 having been filed by the appellants, which claim otherwise was resisted by respondent No.1, on the ground that by virtue of will executed by Smt. Daropati Devi, in her favour, she is the sole owner of the suit property, nothing remains to be adjudicated in the present appeal and as such, same can be disposed of accordingly. She further states that since in the suit at hand, which is subject matter of the present case, prayer was also made for rendition of accounts, liberty may be reserved to the appellants herein to raise issue with regard to accounts after finalization of the partition inter-se parties. Mr. M.L. Sharma, learned counsel, for the respondents, is not averse to the aforesaid prayer.

(2.) Consequently, in view of the above, present appeal is dismissed as withdrawn reserving liberty to the appellant herein to file appropriate proceedings, if any, for rendition of accounts after completion of partition proceedings inter-se parties. Interim order if any stands vacated. All pending applications stand disposed of.