CHANDRIKA PRASAD KESHARWANI Vs. HIRA LAL KESHARWANI

JUDGEMENT

(1.) Extent of share between the petitioners and the respondents, of land was adjudicated by the civil court in a civil suit for partition filed by one of the parties. The jurisdictional civil court by its judgment and decree directed that Badri Prasad Kesharwani will get one half share in the suit property whereas, Chandrika Prasad Kesharwani, Kedarnath Kesharwani and Smt. Mohar Bai Kesharwani each one will get ?th share in the suit land, and respondents No.5 to 8 herein will get ?th share in the property. The total suit land which is agricultural land i.e. available for partition is 15.524 hectares and total khasra number is 37 situate at Village Gidhouri, Tahsil Kasdol. The judgment and decree of the civil court was affirmed by the first appellate court and also by the High Court of Madhya Pradesh in second appeal.

(2.) Shri Badri Prasad Kesharwani made an application before the Assistant Settlement Officer for partition of land as per the provisions contained in Section 178 of the Chhattisgarh Land Revenue Code, 1959 (for short 'the Code'). On the said application for partition filed under Section 178 of the Code, a regular revenue case was registered by the Assistant Settlement Officer, Kasdol for making partition and a proclamation was issued and parties were noticed in the said application. Reply was filed and fard batwara report was called from the concerned Halka Patwari. The Assistant Settlement Officer by its order dated 15-4-1999 considered the objection of non-applicants No.1 to 3 therein/petitioners herein and rejected the objection and proceeded for partition of land and made partition as per the order.

(3.) It is pertinent to mention here that earlier, an order was passed by the Assistant Settlement Officer which was challenged in appeal and it was set aside by order dated 12- 2-1999.