MANIK DYANDEO GORE Vs. DAJIRAM VITHOBA GORE

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) This Revision Application is directed against the order dated 15th november, 2002, passed by the learned Civil Judge, Junior Division, Malshiras, district Solapur, rejecting the application of the revision applicant (Judgment debtor No. 12) for dismissal of the execution proceedings.

(3.) The respondents filed a suit against the revision applicant and others for partition, bearing R. C. S. No. 507 of 1987, in the Court of Civil Judge, Junior division, Malshiras for partition of urban property is well as agricultural lands. In the said suit a preliminary decree for partition was passed. The respondents filed an execution petition, bearing Regular Darkhast No. l of 1992, praying therein that the decree insofar as it related to partition of the agricultural land be sent to the Collector under section 54 of Civil Procedure Code and for partition of other properties be effected by the Civil Court. The revision applicant, who is the judgment debtor No. 12, filed an objection by an application at Exhibit 17 contending therein that he was a minor when the suit was filed and that he was not properly represented and therefore, the decree was not binding on him and could not be executed. By an order dated 15th November, 2002, the executing court rejected the applications at Exhibit 17 filed by judgment debtor No.-12. That order is impugned in this Revision Application.