SUGANDHABAI ALIAS Vs. SHRAWAN ALIAS

JUDGEMENT

(1.) Heard.

(2.) Rule. Rule made returnable forthwith.

(3.) By the impugned order, the executing Court has dismissed the application (Exh. 20) filed by the decree holder praying that a Court Commissioner be appointed to effect partition of her 3/7th share in the suit / house property, open land and movable property. Consequential order is passed on M.J.C. No. 06/2008 disposing the proceedings. The application (Exh. 20) is dismissed on the ground that similar application was filed earlier by the decree holder, however, when the precept was sent as per Sec. 54 of the Code of Civil Procedure to partition the agricultural land, the decree holder had not pressed that application which contained the prayer for appointment of the Commissioner to partition the house property and movable property also. The executing Court has further recorded that the preliminary decree was passed on 16/03/1993 and M.J.C. No. 06/2008 came to be filed after almost 15 years, and therefore it was barred by limitation.