CHHOTA DEVI Vs. LRS OF SHRI MANMOHAN

JUDGEMENT

(1.) The present regular first appeal has been preferred against the judgment and decree dtd. 12/8/2016 passed by the Additional District Judge No.5, Jodhpur Metro in Civil Original Suit No.434/2012 (NCV No.10597/14) whereby in a suit for partition as preferred by the plaintiffs, learned trial Court proceeded on to pass preliminary decree for partition.

(2.) The brief facts of the case are as under:

(3.) Learned counsel for the respondents submitted that the present appeal would now be governed by the order dtd. 17/4/2017 as, vide the said order, the impugned judgment and decree has been affirmed. Once the impugned judgment and decree have been affirmed, no contrary finding qua the said judgment can now be given by this Court in the present appeal. Learned counsel submitted that it is the settled proposition of law that there cannot be two contrary judgments and the present appeal should therefore be also dismissed in light of the judgment passed in appeal No.370/2016 which arose out of the same impugned judgment and decree.