UPASANA VIADYA Vs. JATINDER KRISHAN KAPOOR & ORS.

JUDGEMENT

(1.) A suit for partition of residential building No. 10 Dewan Mandir Street, Jammu by metes and bounds was instituted on 30th Dec.1997 by one Kuldeep Krishan against Shanti Saroop, Jitender Krishan Kapoor, Girish Kapoor and Marish Kapoor. Preliminary decree was passed by the Id trial court on 30th Oct. 1999, providing therein for partition of the suit house by metes and bounds. This prelim inary decree was passed on contest of the parlies.

(2.) During the proceedings of the case, the defendant No. 2 Sh. Jitender Krishan Kapoor, on 29th August 2005 purchased 1/4th share of the original plaintiff, Kuldeep Krishan Kapoor. On an application filed by Sh. Jitender Krishan Kapoor, he was transposed as plaintiff and the original plaintiff, Kuldeep Krishan Kapoor, was allowed to retire from the proceedings. The order was passed on 16th July 2007.

(3.) The appellant Smt. Upasana Vaidya was impleaded party on 24th Dec. 2002, being one of the legal representative of the deceased Shanti Saroop and was set ex-parte on 10th Nov. 2003.