T. SHAILJA Vs. B. SAROJANI

JUDGEMENT

(1.) During the pendency of this appeal the sole appellant B.Mohan Rao has been died on 4/12/2020 and his legal heirs were substituted vide order dtd. 12/10/2022 through I.A. No. 7141 of 2021.

(2.) Present appeal is preferred by the Appellant/defendant no. 1 for setting aside the judgment dtd. 29/5/2019 (decree signed on 10/6/2019) passed by Sri Kumar Pawan, the learned Civil Judge (Senior Division)-I, Jamshedpur, in Title Partition Suit No. 155 of 2015 , whereby and whereunder the suit filed by the plaintiff/ respondent has been decreed in the favour of plaintiff.

(3.) Factual matrix giving rise to this appeal is that one B. Sarojani instituted suit for partition of the suit property claiming to carve out a separate Takhta in respect of 1/3rd share in the suit scheduled property i.e. double storied pucca house property consisting of 12 rooms, with verandah on both sides, 5 kitchen, bathrooms, latrines, standing within plot no. 1049 measuring an area 0.06 acres situated at Mouza Kitadih, Thana No. 1167, P.S. Jugsalai, Jamshedpur, District East Singhbhum.