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RATAN LAL v MOTI LAL - CFA Case No. 141 of 1997  RD-RJ 2595 (10 May 2007)
S.B. Civil First Appeal No. 141/97
Ratan Lal Vs. Moti Lal
Date of order : 10.5.2007
HON'BLE MR. BHAGWATI PRASAD, J.
Mr. A.K. Rajvanshy for the appellant.
Mr. J.K. Bhaiya for Mr. Sajjan Singh for the respondent.
In this appeal most important question is whether partition has been taken place or not in between the parties? Trial court says that the same has not been formally taken place. Parties are living separately and the partition has not been formalized but, nonetheless the parties are entitled for partition. In that view of the matter, partition decree is required to be passed. Now this Court has come to the conclusion that partition is to be effected. The parties are living separately, it is to be formalized in the form of a decree. The question will be decided by the Court drawing final decree.
In that view of the matter, parties are relegated back to the trial court for drawing final decree. Preliminary decree at this stage is modified to the extent that the parties are entitled to partition.
Appeal is accordingly decided.
(BHAGWATI PRASAD), J. ns.
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