SUKHRAM Vs. SARJUBAI

JUDGEMENT

(1.) THE appellant/defendant No. 1 has filed the Misc. Appeal under Order XLIII Rule 1 of the Code of Civil Procedure (hereinafter referred to as "the Code") against the order dated 24-7-2003 passed in Civil Regular Appeal No. 10-A/2003 by learned XVIIIth Additional District Judge (Fast Track Court), Indore, whereby the judgment and decree dated 8-9-2000 passed in Civil Suit No. 255-A/1999 by learned 1st Civil Judge, Class-II, Indore, was set aside and the case was remanded to the Trial Court for retrial after impleading the two sisters of the appellant as a party in the suit under Order I Rule 10 of the Code.

(2.) THE admitted facts of the case are that respondent Nos. 1 and 2/plaintiffs are the wife and son of Badrilal. That Badrilal and appellant/defendant No. 1 Sukhram are the real brothers. It is also not in dispute that the suit property is ancestral and situated in Village Piplya, Tehsil and District Indore and that the defendant No. 1 is in possession of the alleged ancestral property.

(3.) THE case of the plaintiffs is that the whereabouts of Badrilal is not known from more than 7 years and on account of his civil death, the plaintiffs have become the owner of the suit property alongwith the defendant No. 1 Sukhram. That the defendant No. 1 Sukhram is in unauthorized possession of the share of the plaintiffs and as such the plaintiffs are entitled for the possession and the mesne profits at the rate of Rs. 25,000. 00 per annum.