GEETABAI Vs. BABULAL

JUDGEMENT

(1.) This revision petition is directed against the order dated 5-5-1988 passed by the 10th Addl. Judge to the Court of Dist. Judge, Indore in MJC. No.8/84 registered on the application filed by the respondent No.1 Babulal under O.20, R.11, C.P.C. read with S.151 ibid.

(2.) Circumstances giving rise to this petition are these. The N.A. 1 Babulal instituted a partition suit (C.S.No.7-A/ 88) in the Court of 2nd Addl. District Judge, Indore, against his three brothers including Badrilal (since deceased) in relation to house No.170 Khajoori Bazar Indore and some movables.

(3.) A preliminary decree under O.20, Rule 18(2), C.P.C. was passed and in the final decree proceedings the house was put to sale under Section 3 of the Partition Act 1893 (for short 'the Partition Act'). The respondent No.1 Babulal and out of the petitioners who are L. Rs. of the deceased Badrilal, Arunkumar obtained Court's permission to bid. In the court sale the N.A.Babulal was declared purchaser and sale certificate was issued to him.