RAKESH KUMAR Vs. JAI PRAKASH DUBEY

JUDGEMENT

(1.) With consent of learned counsel for the parties the matter is finally heard.

(2.) Petitioners along with other family members moved Tahsildar Mauganj with an application under section 178 of the Madhya Pradesh Land Revenue Code, 1959, for partition of land admeasuring 15.61 1/2 acre of Khasra Nos.412 K/1/6/9/1 K/8/1, 19/2K, 20/1, 23, 24, 26, 27, 28,29, 33/1, 34/1, 36/1, 36/2, 44/2, 46, 46/1, 48/1, 52/2, 55/1, 60/1, 22/62/1,40/63/1 situated at village Jamai. By order passed on 20.7.2007 the property stood partitioned. The petitioner being dissatisfied with the order filed an appeal on the ground that the proper procedure was not followed. The appellate authority by order dated 9.11.2010 set aside the partition order on the finding that the procedure was not followed. It found <IMG>JUDGEMENT_40_LAWS(MPH)5_2017.jpg</IMG> <IMG>JUDGEMENT_40_LAWS(MPH)5_20171.jpg</IMG>

(3.) Second appeal preferred there against was also dismissed on 7.1.2013. Where against the respondent filed a revision under section 50 of 1959 Code. The Board reversed the order by the appellate authorities on a finding that no evidence was led before appellate authority to establish the fact that forged thumb impression of appellant No.4 was obtained. The Board also took note of the fact that even a complaint case filed by the present petitioner alleging forgery as to thumb impression was dismissed.