ASHOK KUMAR vs MANJU AND ANR — 38/2026
Case under Suit for Declaration Section cpc. Disposed: Uncontested--REJECTED on 16th March 2026.
CS - CIVIL SUIT FOR DJ ADJ
CNR: DLNE010002732026
e-Filing Number
28-01-2026
Filing Number
142/2026
Filing Date
28-01-2026
Registration No
38/2026
Registration Date
02-02-2026
Court
District and Sessions Judge, North-East, KKD
Judge
429-District Judge
Decision Date
16th March 2026
Nature of Disposal
Uncontested--REJECTED
Acts & Sections
Petitioner(s)
ASHOK KUMAR
Adv. Rajesh Kumar
Respondent(s)
MANJU AND ANR
Hearing History
Judge: 429-District Judge
Disposed
Misc. cases
| Date | Purpose |
|---|---|
| 16-03-2026 | Disposed |
| 04-02-2026 | Misc. cases |
Final Orders / Judgements
Case Summary: The court rejected Ashok Kumar's plaint seeking declaration that partition of inherited property occurred during his mother Krishna Devi's lifetime, entitling him to a half share. The court held that during Krishna Devi's lifetime, her children possessed only a "mere hope of succession" (spes successionis) with no crystallized rights to partition her property, and any occupation of different portions constituted permissive use only. Under Hindu intestacy law, each child was entitled to an equal 1/3 share, not the half-share claimed. The plaint was dismissed as unmaintainable and disclosing no cause of action. This case analysis is maintained by casestatus.in based on publicly available court records.
Interim Orders
Case Summary: The court rejected Ashok Kumar's plaint seeking declaration that partition of inherited property occurred during his mother Krishna Devi's lifetime, entitling him to a half share. The court held that during Krishna Devi's lifetime, her children possessed only a "mere hope of succession" (spes successionis) with no crystallized rights to partition her property, and any occupation of different portions constituted permissive use only. Under Hindu intestacy law, each child was entitled to an equal 1/3 share, not the half-share claimed. The plaint was dismissed as unmaintainable and disclosing no cause of action. This case analysis is maintained by casestatus.in based on publicly available court records.
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