CHUNNILAL TALESARA Vs. NATHULAL

JUDGEMENT

(1.) The plaintiff Dr. Chunni Lal Talesara filed a suit for partition on 10.8.1993 seeking partition of suit immovable properties claiming the properties to be belonging to the Hindu Undivided Family of his father Late Shri Laxmi Chand Talesara against his four brothers including heirs of his two brothers claiming 1/5th share in the suit properties. The suit properties were indicated in three schedules 'A', 'B' & 'C' filed with the plaint.

(2.) After trial, the Additional District Judge, Nathdwara passed a preliminary decree on 5.2.2003 and held plaintiff entitled to 1/5th share in four properties i.e. (a) four storied house at Mohalla Brajpura, Nathdwara, (b) three storied shop at Mohalla Chopati, Nathdwara, (c) another shop at Mohalla Chopati, Nathdwara and (d) Agricultural land and well ad measuring 10 Bigha 18 Biswa at Village Odan, Tehsil Nathdwara and rejected the suit qua the rest of the properties.

(3.) Feeling aggrieved, plaintiff Dr. Chunni Lal filed S.B. Civil First Appeal No. 171/2003 alongwith application seeking interim relief in the nature that the respondents be restrained from dealing with the suit properties and a direction to maintain status quo.