MOHD ISMIL KHAN Vs. STATE

JUDGEMENT

(1.) HEARD.

(2.) SHRI Kutumbale submitted that once the execution proceeding has been filed and that has been made over to Collector to effect the partition, Civil Court becomes functus officio and therefore, Civil Judge Class I, Dhar did not have the jurisdiction to pass the order which has been passed by him on 3-1-2000. Shri Khan submitted that the documents were lost, the file was lost, it was not traceable and in view of that new execution application has been filed by opponent No. 1. He submitted that if at all the revision-petitioner was aggrieved of the action taken by the learned Civil Judge Class I, Dhar he should have challenged the order which was passed by that Court on 3-1-2000. He submitted that in view of the said circumstances, the Revision Petition deserves to be dismissed and it be dismissed.

(3.) MRS. Chaphekar submitted that the State is a formal party and did not make any submission.