GIRISH S/O DHARMAVIR MADAN Vs. NANDKUMAR S/O SHANKARRAO RASNE
LAWS(SC)-2016-8-36
SUPREME COURT OF INDIA
Decided on August 05,2016

Girish S/O Dharmavir Madan Appellant
VERSUS
Nandkumar S/O Shankarrao Rasne Respondents

JUDGEMENT

KURIAN, J. - (1.) Leave granted.
(2.) The only submission of the appellant is that unless his 3/7th share of the property is identified as per the preliminary decree dated 06.12.2004, the eviction proceedings at the instance of the first respondent may not be proceeded with.
(3.) Therefore, these appeals are disposed of with a direction to the trial court to take steps to appoint the Court Commissioner in the final decree proceedings so as to identify the respective shares. The process of identification of the respective shares shall be completed within a period of two months from the date of production of a copy of this Judgment by either party before the trial court. Till such time, the eviction proceedings as against the appellant shall be kept in abeyance.;


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