BHAVANJI SHIVAJI LODAYA AND OTHERS Vs. KHIMJI DECEASED THROUGH HIS LRS. VINOD KHIMJI LODAYA AND ANOTHER

JUDGEMENT

(1.) THIS civil revision application is filed by the decree -holders challenging the legality or correctness of the order dated August 31, 1983 directing the inclusion of certain properties in a preliminary decree for partition in pursuance of the application, Exhibit 91. There are few facts, which are either admitted or not disputed and same require mention in order to consider the question involved in the revision.

(2.) THE petitioner No. 1 filed Special Civil Suit No. 30 of 1963 on December 21, 1963, for partition and separate one -sixth share in the properties and business, more particularly set -out in Schedule 'A' and Schedule 'B' of the plaint. In Schedule 'C and Schedule 'D' the property was mentioned, which is the subject matter in the present revision. Those properties were excluded for the simple reason that they were in possession of the Receiver appointed by the High Court in the High Court Suit No. 3022 of 1947 and in the Insolvency Proceedings, respectively. The suit was accordingly decreed in respect of the properties described in Schedule 'A' and Schedule 'B' on August 14, 1967, declaring the shares of several parties to the suit with the direction to effect the partition through the Collector for separate possession of the share of the petitioner therein under Order 20, Rule 18 of the Code of Civil Procedure, so far as the decree relating to the land assessed to revenue is concerned.

(3.) THE learned trial Judge by his impugned order rejected the objection and directed inclusion of these properties in the preliminary decree for partition according to law.