CHANDABAI Vs. MARIAM BAI AND OTHERS

JUDGEMENT

(1.) The present appeal has been filed by the appellant (original plaintiff) challenging the judgment and decree dated 17.7.2007 passed by the learned Addl. District Judge,No.5, Kota (hereinafter referred as the 'trial court') in Civil Suit No.110/2002.

(2.) The short facts giving rise to the present appeal are that one Chand Mohammad and Mohammad Khwaju happened to be the brothers. The present respondent Nos. 1 to 8 are the legal representatives of deceased Chand Mohammad and the respondent Nos. 9 to 15 are the legal representatives of the deceased Asagar Ali Khan who happened to be the son of Khwaju. The present appellant Smt. Chandabai happens to be the daughter of said deceased Khwaju. The appellant plaintiff filed the suit being No.110/2002 before the trial court seeking cancellation of the preliminary decree datd 12.4.2001 passed in Civil Suit No.21/1999 and the final decree dated 3.7.2002 passed in Civil Suit No.31/2001 by the learned Addl. Sessions Judge, No.5, Kota. Earlier the present respondents No. 1 to 8 had filed a suit being No. 21/1999 in the court of Addl. District Judge, No.5, Kota against Asgar Ali Khan and Smt. Chandabai seeking partition of the suit properties. The said suit was proceeded exparte against the defendants of the suit i.e. Asgar Ali Khan and Smt. Chandabai and the learned Addl. District Judge, No.5, Kota passed the preliminary decree on 12.4.2001.

(3.) It further appears that at the time of drawing up of final decree in the said suit, which appears to have been renumbered as Civil Suit No.31/2002, the said defendants i.e Asgarali and Smt. Chandabai had appeared and contested the same before the court. However, learned Addl.District Judge, No.5, Kota passed the final decree on 3.7.2002. Subsequently, the said preliminary decree dated 12.4.2001 and final decree dated 3.7.2002 came to be challenged by the present appellant Smt. Chandabai before the trial court by filing the civil suit being No.110/2002. The said preliminary as well as final decree also came to be challenged by Akbar Hussain son of Asgarali by filing a separate suit 407/2002 in the court of Civil Judge (Jr.Div.), North, Kota.