DASHRATH Vs. BHAGIRATH

JUDGEMENT

(1.) Petitioners have filed the present petition being aggrieved by the order dated 31.03.2016 passed by the Tahsildar and the order dated 07.11.2017 passed by the SDO and the order dated 20.05.2019 passed by the Additional Commissioner, Ujjain.

(2.) Respondent filed a civil suit No.10A/2005 before the IIIrd Additional District Judge, Ratlam claiming 1/6th share in the ancestral property. In the said suit present petitioners were arrayed as respondents No.5 & 6. The plaintiff also sought a declaration that the order of partition dated 10.09.1997 be also declared as void. Vide judgment and decree dated 10.05.2006 the suit has been decreed partially to the effect that plaintiff is entitled to get 1/6 th share in the agricultural land situated in Gram Amleta mentioned in Ex.P/7. Against the aforesaid judgment and decree present petitioners filed first appeal No.160/06 which remained pending without admission and orders on the application for stay. However, vide order dated 31.01.2018 the appeal has been admitted for final hearing and interim protection was granted. The operative para of the order dated 31.01.2018 is reproduced below:

(3.) That on the basis of the partition dated 10.09.1997 the present petitioners filed an application before the Tahsildar and vide order dated 05.05.1998 the said application was allowed and their names were mutated in the record. Against the aforesaid order the respondent preferred an appeal which has been allowed vide order dated 16.11.1998. The aforesaid order was challenged by the present petitioners before the Commissioner in which the order of SDO has been maintained. In order to challenge the partition dated 10.09.1997 the respondent preferred civil suit No.10A/2005 and vide judgment dated 10.05.2006 the said partition deed has been declared void. After getting judgment and decree dated 10.05.2006 the respondent filed an application under section 144 of the CPC read with section 32 of the MPLR Code seeking cancellation of the order of mutation dated 05.05.1998.