SANJAY KAKKAR Vs. VIVEK KAKKAR

JUDGEMENT

(1.) This appeal has been filed against the judgement and decree dtd. 28/6/2024 (decree signed on 5/7/2024) in Original (Partition) Suit No.58/2022 by learned Civil Judge (Sr. Division) I, Bokaro whereby the suit filed by the plaintiffs has been dismissed on contest.

(2.) The suit was filed by Sanjay Kakkar, son of late Kamal Kumar Kakkar, and his wife Sonia Kakkar and defendants are Vivek Kakkar, son of late Kamal Kumar Kakkar and his wife Binney Kakkar. The suit was filed seeking preliminary decree for partition of half share of the plaintiffs over the suit property mentioned in Schedule A of the plaint. The Schedule A of the plaint is quoted as under:

(3.) 2.50 decimal in plot no. 7217 is standing in the name of the plaintiff no.2 and the remaining 21.50 decimals aforesaid property is standing in the name of defendant no.2. The plaintiffs claimed that the entire suit property is joint family property and claimed 1/2 share and the defendant claimed that the property standing in the name of the defendant no.2 was their self-acquired property and claimed that partition suit was not maintainable. Admittedly, a portion of the suit property was jointly leased out by plaintiff no.2 and defendant no.2 to ICICI Bank.