RATNESHWARI NANDAN PRASAD VERMA Vs. LALITESHWAR PRASAD VERMA

JUDGEMENT

(1.) Heard Mr. Amrendra Narayan, learned counsel for the petitioners and Mr. Ram Suresh Rai, learned senior counsel for the respondents.

(2.) This civil review application has been filed for seeking review of the judgment dated 30.10.2013 passed in F.A. No. 186 of 1978.

(3.) From the perusal of the judgment under review, it is apparent that the F.A. No. 186 of 1978 arose out of a judgment and decree in a suit for partition whereby the claim of the plaintiff for partition of half share in the suit properties was allowed. The defendant no. 2 in the said suit, who had contested the suit by filing written statement, had preferred the said appeal and at the time of hearing, the appeal was pressed only with regard to the properties which had been claimed in the written statement as the self acquired properties of the defendants and the decree for partition of the same was resisted on the said basis. After hearing the parties, the first appeal was allowed in part refusing the relief for partition with regard to the properties mentioned in the last paragraph of the judgment under review.