NEMICHAND BHERULAL Vs. CHIRONJI LAL BHAWARLAL

JUDGEMENT

(1.) THIS petition is finally decided on request of both the learned counsel for rival litigants.

(2.) SHRI Pande, appearing for the petitioner made a reference to Article 136 of Limitation Act, 1963 (hereinafter referred to as Act for convenience), and submitted that the decree becomes enforceable from the date on which it has been passed and, therefore, in the present matter it was necessary for the lower court to exclude the property which has been inherited by Nemichand'-from his father Bherulal afterwards. Shri Pande placed reliance on the decision of Patna High Court in the matter of Ram Gobind Rai v. Shahabad District Board through the Special Officer, Arrah, reported in AIR 1976 Patna 118. In view of this, Shri Pande submitted that the impugned order is illegal and that needs to be set aside.

(3.) SHRI A. K. Shrivastava, submitted that the impugned order is correct, proper and legal because, the proceedings is continuing one and he had right to include the property including house situated in village Takhla, Tah. Susner, Dist. Shajapur owned by deceased Bherulal s/o Kishan.