SHIVCHARAN Vs. BHANWARIBAI

JUDGEMENT

(1.) THE applicant/debtor has directed this revision against the order dtd. 24.2.2001 passed by Civil Judge, CI. I, Sarangpur, District Rajgarh in MJC No. 6/2000 thereby rejecting the objections raised on behalf of the applicant and sending the matter to the collector for partition of the disputed land under S. 54 of the Civil Procedure Code.

(2.) BRIEFLY stated the facts of the case are - Respondents 1 to 4 have filed a suit for partition and seperate possession of the agricultural land situated in village Dedla, Tahsil Sarangpur against Resp. 5, 6 and the applicant. In the said suit the trial Court allowed the plaintiff's suit and passed a decree dtd. 6.5.1983. The said decree was a preliminary decree. The terms of the decree speaks that plaintiff No. 1,2,3 and the defendants are entitled for l/5th share in the suit land and the suit land be partitioned in accordance with the decree. The second clause of the decree states that on the partition of the disputed land, plaintiffs 1, 2, 3 are entitled to get seperate possession of the l/5th share of each of the plaintiffs in the disputed land. The other part of the decree speaks with regard to the payment of costs, etc.

(3.) LEARNED counsel for the petitioner Shri A.S. Kutumble submitted that as the impugned decree for partition and seperate possession was passed in 1983, and no steps were taken for partition of the suit land in terms of the decree as also for seperate possession within the prescribed period of limitation, the application filed on behalf of the plaintiff/non-applicant deserves to be dismissed on the ground of limitation.