BHANU SRIVASTAVA Vs. PREMLATA SRIVASTAVA

JUDGEMENT

(1.) By way of this first appeal, appellant-defendant Nos.1 and 2 have assailed the judgment and preliminary decree for partition dtd. 16/12/2021 passed by Additional District Judge No.1, Kota in Civil Suit No.10/2016 whereby the suit property comprising plot No.B-5 at Civil Lines, Kota has been declared to be divided in 1/6 share to each co-sharer who are living natural successors of deceased Shri. Chandrabhan Shrivastava.

(2.) It transpires from judgment that plaintiff No.1-Smt. Premlata Shrivastava wife of late Shri. Chandrabhan Shrivastava had executed a will dtd. 28/1/2008 bequeathing her share in the suit property in favour of her daughter plaintiff No.4-Smt. Purnima Saxena.

(3.) Learned counsel for appellants vehemently submits that parties are likely to settle the dispute in relation to the share of plaintiff No.1-Smt. Premlata Shrivastava which as per trial court's judgment goes in share of plaintiff No.4 on the basis of will, whereas proceedings of probate on will have not yet finalized. Hence, on this point, parties may be allowed to undertake the proceedings of mediation and the record of trial court be summoned.