ABDUL SATTAR ANSARI Vs. MAHAMMAD KHURSHID ANSARI

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree dtd. 24/6/2016 (decree signed on 5/7/2016) passed in Partition Appeal No. 53 of 2013 by the learned District Judge No. VIII, Palamau at Daltonganj, whereby the learned appellate Court has allowed the appeal filed by the plaintiff against the judgment and decree dtd. 7/9/2013 (decree signed on 16/9/2013) passed by the learned Senior Civil Judge-I, Palamau Daltonganj in Partition Suit No. 53 of 2009.

(2.) This appeal was admitted vide order dtd. 16/8/2019 whereby the following substantial question of law has been framed:

(3.) Learned counsel for the appellants while referring to the substantial question of law framed by this Court has made alternative submissions. He has submitted that the point so framed can be directed to be decided by the learned appellate Court or the trial Court who may return a finding with regard to that aspect of the matter and in the alternative, it is submitted that even from perusal of the records of this case, the matter can be decided.