RAM SINGH Vs. KAPOORIBAI

JUDGEMENT

(1.) THIS second appeal under Section 100 of the Code of Civil Procedure has been filed against the judgment and decree dated 14.07.2005 passed by 1st Additional District Judge, Distt. Guna in Civil Appeal No. 12 -A/2005 and 13 -A/ 2005 arising judgment and decree dated 25.11.2003 passed by First Civil Judge, Class I,, Guna in Civil Suit No. 5 -A/2003.

(2.) THERE are concurrent finding of facts by the two Courts below, where it has been said that the respondents were the owner of the suit property and the record with respect to entry showing the appellants to be in possession of the suit property was based upon a forgery and in fact an inquiry was held where it was found that mutation of the suit property in favour of the appellant was incorrect and therefore the suit filed by the respondents for declaration was decreed and injunction was also granted. The aforesaid order was upheld by the First Appellate Court. The only thing additionally joint by the Courts below was, also passing a subsequent order in consequent to the aforesaid declaration by exercising the power under Order 7 Rule 7 CPC whereby the Courts below not only directed partition of the property amongst the respondents/plaintiffs, but also further directed the revenue authorities to get partition effected and then pass necessary entries and orders.

(3.) ACCORDING to the counsel for appellant, this order could not be passed. However, learned counsel for the respondents has brought to my notice, the judgment delivered by Division Bench of Karnataka High Court in case of Smt Neelawwa Vs. Smt Shivawwa reported in AIR 1989 Karnataka 45.