CHANDRKALA DADHICH Vs. HARISH JOSHI

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226 and 227 of the Constitution of India with the following prayers:-

(2.) The facts apropos to the case are that the petitionersplaintiffs filed a suit on 7/4/2015 before the learned Additional District Judge No.1, Bhilwara hereinafter referred to as 'the learned Court below'. for partition and perpetual injunction contending therein that Shri Nareshwar Lal Joshi [father of plaintiffs-petitioners and defendants-respondents Nos.1 and 2 and one Satish Joshi deceased. whose legal representatives are respondents Nos.3 to 6] was having a house situated near Session Court, Bhilwara hereinafter referred to as 'the suit premises'). Shri Nareshwar Lal Joshi purchased the suit premises by registered sale-deed on 19/10/1946 and thereafter constructed a house thereon. Shri Nareshwar Lal Joshi expired in the year 1998 and his wife expired in the year 2014. It is contended that the plaintiffs-petitioners are the legal heirs of Shri Nareshwar Lal Joshi and are having equal share in the suit property but in spite of the demand, the suit property was not partitioned, therefore, the suit was filed for partition by metes and bounds.

(3.) The defendants-respondents filed their written statement while denying the allegations made in the plaint. It is averred that the suit premises were purchased by Shri Nareshwar Lal Joshi and on 21/11/1982, he partitioned the said proprty in three parts in favour of respondents Nos.1 and 2 and Shri Satish Joshi, whose share now vests in favour of respondents Nos.3 to 6.