MUKHTAR AHMAD Vs. MAHMUDI KHATOON

JUDGEMENT

(1.) Heard learned Counsel for the appellants and learned Counsel appearing on behalf of the respondent-plaintiffs and respondent-defendants.

(2.) It is important to note that defendant Nos. 1, 2 and 3 have filed this appeal and the plaintiff is respondent No. 1 and rest defendant Nos. 7 to 11 are respondents in the case.

(3.) This appeal is directed against the judgment and decree dated 11.07.2000 (decree signed on 22.07.2000) passed by Sri Ajit Prasad Verma, Sub-Judge-IX, Ranchi in Partition Suit No. 164 of 1993 53 of 2000, by which judgment after discussing the case of the parties, the learned Subordinate Judge came to a conclusive finding that the plaintiff is entitled to gel partition with respect to the properties mentioned in Item Nos. 1, 2 and 3 of Schedule A of the plaint, Item No. 3 of Schedule B of the plaint and Item No. 12 of Schedule C of the Plaint. Separate takhta will be carved out by appointment of survey knowing pleader commissioner at the time of preparation of final decree. The decree was passed against contesting defendant Nos. 1, 2 and 3 and ex-parte against other defendant, since they did not contest the suit.