MAGAN LAL BHATI Vs. RAMESHWAR LAL BHATI

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal is against order and decree dtd. 18/7/2022 passed in Civil Original Suit No.23/2020, whereby the learned trial Judge rejected the plaint in exercise of power under Order VII Rule 11 C.P.C. on the prayer of the defendant-respondent.

(3.) The plaintiff-appellant had brought the said suit for partition of his half share in the suit property bearing Khasra No.488, area 15 Biswa, situated near Kesardesar Well in Bikaner. The sole respondent is full brother of the appellant. The plaintiff stated in the plaint that the aforesaid land is recorded in the revenue records in the name of father of the parties namely Mangi Lal Bhati @ Mana Bhati. Initially, the land was being used for growing vegetables, however gradually population of Bikaner increased and thereafter, the ancestors constructed house on the aforesaid Khasra, some of the portion is still vacant. The boundary of the land is referred as follows : -