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Judgment
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
Ms. Malhotra, learned counsel appears for the respondents and submits that the concession to frame the additional issues are on instructions of her client for the reason that immense delay has occured in disposal of the suit.
Mr. Bahl, learned counsel appearing for the petitioner vehemently objects to the same.
With consent of the parties and without prejudice to the rights and contentions and objections of both the parties, the following additional issues are framed:-
Whether the suit is barred by time? OPD
Whether the defendants have right of pre-emption under Section 4 of the Partition Act, 1893 read with Section 22 of the Hindu Succession Act, 1956? OPD
In view of the aforesaid, no other issue arises nor expressed by the parties.
Learned Trial Court to take up these additional issues and additional affidavits, if required, may be called for, by the learned Trial Court, and then proceed in accordance with law.
In view of the aforesaid directions, the petition is disposed of with no orders as to costs.