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Girdharilal Gangrade And Ors. Appellant

V/S

Fatehchand Gangrade And Anr. Respondents

Referred Judgements :-

ANNAPURNABAI V. RUPRAO [REFERRED TO]
VENKITASAMI CHETTIAR V. SAKKUTTI FILIAL [REFERRED TO]
BRAHMA NAND V. SHREE SANATAN DHARAM SABHA [REFERRED TO]
WAHID -UD -DIN V. MAKHANLAL [REFERRED TO]
VELAYYA V. PRESIDENT OF THE BOARD OF COMMISSIONER OF HINDU RELIGIOUS ENDOWMENTS,MADRAS [REFERRED TO]
ABDUL MAJID KHAN V. DATTO RAOJI [REFERRED TO]
RAMCHANDRA V. GANPATI [REFERRED TO]
DEPUTY COMMR HARDOS IN CHARGE COURT OF WARDS BHARAWAN ESTATE VS. RAMA KRISHNA NARAIN [REFERRED TO]
C N ARUNACHALA MUDALIAR VS. C A MURUGATHA MUDALLAR ANOTHER [REFERRED TO]
FATEH KUNWAR VS. DURBIJAI SINGH [REFERRED TO]
CHITTAM SUBBA RAO VS. VELA MANKANNI CHELAMAYYA [REFERRED TO]
KAPURJI MAGNIRAM VS. PANNAJI DEBICHAND [REFERRED TO]
GOVIND DHONDO KULKARNI VS. VISHNU KESHAV KULKARNI [REFERRED TO]
BIBHUTI BHUSAN DUTTA VS. SREEPATI DUTTA [REFERRED TO]
MT JAMNA KUNWAR VS. LAL BAHADUR [REFERRED TO]
BAL KRISHNA VS. RAM KRISHNA [REFERRED TO]
RAJA BRAJASUNDER DEB VS. RAJA RAJENDRA NARAYAN BHANJ DEO [REFERRED TO]
NARENDRA LAL DAS CHAUDHURY VS. GOPENDRA LAL DAS CHAUDHURY [REFERRED TO]
G.C. BARDOLOI VS. COLLECTOR OF KAMRUP [REFERRED TO]
ABDUR REHMAN KHAN AND ORS. VS. RAGHBIR SINGH AND ORS. [REFERRED TO]

JUDGEMENT

(1.) THIS is an application under Article 133(1) of the Constitution for leave to appeal to the Supreme Court again and the judgment and decree in First Appeal No. 5 of 1953, which was heard and disposed of by us on 8 -12 -1954. The appeal arose out of a suit filed by the non -applicants Fatehchand and his son Jageshwar Prasad for partition and possession of certain immovable and movable properties under a claim of being the heirs of Chhaganlal, the last full owner who was the father of Fatehchand and the grandfather of Jageshwar Prasad.

(2.) IT is common ground that the value of the subject -matter of the suit in the Court of the first instance as well as the value of the subject in dispute on appeal to the Supreme Court exceeds Rs. 20,000/ -.

(3.) THE view I have taken is substantially the panieias expressed by the Full Bench in : AIR 1952 All 942 (c). In that case on a review of several authorities and on a consideration of the provisions of Article 133 and section 110, Code of Civil Procedure, the learned Judges arrived at the following conclusions:

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GIRDHARILAL GANGRADE AND ORS. Vs. FATEHCHAND GANGRADE AND ANR.

Referred Judgements :-

JUDGEMENT

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