LALITKUMAR RAMLAL SHARMA Vs. JADAVBAI MURLIDHAR SHARMA

JUDGEMENT

(1.) HEARD Shri Palshikar, learned Counsel for the applicants, and Shri Moharil, learned Counsel for the respondents.

(2.) THE civil revision application is directed against the order dated 9-12-1994 passed by the Civil Judge, Junior Division, Gondia in Regular Civil Suit No. 42/1989 filed by the respondents, whereby application moved by the present applicants under Order VII, Rule 11 (d) of the Code of Civil Procedure came to be rejected.

(3.) SHRI Palshikar, learned Counsel for the applicants, states that the present applicants are the legal representatives of deceased Gulabbai. Deceased Gulabbai filed Special Civil Suit No. 12/1971 for partition and separate possession of the house property bearing Plot No. 18/5, Sheet No. 28, Goshala Ward, Gondia against Ramprasad, Tarabai and Shankarlal. It is contended that the said suit was decreed on 21-2-1979 and Gulabbai was held to be entitled to 1/3rd share in the suit property. The learned Counsel further states that being aggrieved by the judgment and decree passed by the trial Court, Gulabbai preferred First Appeal No. 70/1980 in this Court and same was partly allowed on 1-12-1989. It was held by this Court that Gulabbai was entitled to ? share in the suit property and the judgment and decree dated 21-2-1979 passed by the trial Court was modified accordingly.