MADANGOPAL Vs. SAGAR @ BHARATKUMAR

JUDGEMENT

(1.) This is second round of litigation by the petitioners in revision preferred before this Court against the order dated 20.10.2012, whereby learned Additional District Judge No.2, Jodhpur Metropolitan in a civil suit preferred for partition by plaintiff-Sagar alias Bharat Kumar has refused to decide issues No.5, 10, 11, 12, 13 and 15 as preliminary issues and has held that the same involve questions of fact and law and shall be decided after recording evidence.

(2.) Brief facts, which require to be noted for disposal of the petition, are that the plaintiff has preferred a suit for partition of a coparcenary property, which was later on amended. As per the amended plaint, it is stated that the defendants No.1, 2, 3 and 4 and the plaintiff are members of a Joint Hindu Family and are coparceners.

(3.) It is stated that Late Mal Ji was the ancestor of all the parties, who expired leaving behind two brothers, Mohan Lal and Kanhaiya Lal in 1960. The property of Mal Ji being an inherited property jointly owned was divided by oral partition between Mohan Lal and Kanhaiya Lal on 03.11.1964. The property which came in possession of Mohan Lal and his children is the subject matter of the present suit.