BABULAL DHANGI Vs. GANESHRAM AND OTHERS

JUDGEMENT

(1.) Heard finally with the consent of learned counsel for the parties.

(2.) In this petition under Article 227 of Constitution of India, the petitioner/ defendant has challenged the order dated 27.1.2016 passed in COS No.39-A/2012 by Civil Judge, Class-I, Kurwai, District Vidisha, whereby, the learned trial Court without passing speaking order has overruled/deferred the objection raised by the petitioner about admissibility of the "Fard Batwara " and the same has been marked as Exhibit on the ground which is not permissible in the eye of law.

(3.) Facts giving rise to filing of the present petition are that the respondent No. 1/ plaintiff had filed a civil suit against the petitioner by impleading other respondents/defendants with regard to the agricultural land situated in village Parewara, village Chheerkheda and village Dhuwa alleging that it was ancestral property which was partitioned in 20.9.1980 in the presence of Panchas and according to the partition deed each share holder received about 19-19 bigha land. It is alleged that the defendant No. 1 was not given any land in village Chheerkheda; therefore, he wants to take an area admeasuring 0.765 hectare in village Chheerkheda which is in possession of the plaintiff on the basis of entry made in revenue record.