GANESH PRASAD SINGH ALIAS ROY SON OF LATE RAM DEO Vs. GANGA DEVI WIDOW OF LATE SHANKAR DAYAL SINGH ALIAS ROY

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 30 th of May, 2003 in Title Suit no.97 of 2000 passed by the 1 st Subordinate Judge, Bhojpur, Ara, whereby the suit is decreed in part on contest with respect to relief no.2 of the plaint to the extent of half share in all the properties mentioned in the plaint and the suit is dismissed in part for relief no.1 of the plaint. Accordingly, a preliminary decree was directed to be prepared for relief no.2 only to the extent of partition by metes and bounds with half share of both plaintiff and defendant in each property.

(2.) LEARNED counsel appearing for the legal representatives of the original respondent no.1 at the outset raised a preliminary objection by submitting that the reliefs prayed for by the plaintiff having been allowed by the court below, there is no justification for filing the present appeal and the same deserves to be dismissed.

(3.) IN view of the above position, I do not find any merit in this appeal. The same is, accordingly, dismissed. However, in the facts and circumstances of the case, there would be no order as to costs.