SAT PAL Vs. MAM CHAND

JUDGEMENT

(1.) THIS petition is instituted against the order dated 19.1.2013 rendered by the District Judge, Sirmaur District at Nahan in Civil Misc. Appeal No. 18 -CMA/14 of 2011.

(2.) PERTINENT facts necessary for the adjudication of this petition are that petitioners -plaintiffs (hereinafter referred to as the "plaintiffs" for convenience sake) have instituted a Civil Suit No. 18/1 of 1993 in the court of Sub Judge 1st Class, Nahan for partition of immovable property detailed in the plaint. Preliminary decree was passed on 9.11.1999. Plaintiffs filed an application under order 26 rule 13 read with section 151 of the Code of Civil Procedure for appointment of Local Commissioner in the court of Senior Sub Judge, Nahan. Senior Sub Judge, Nahan vide order dated 26.7.2001 appointed Sh. D.R. Verma, Tehsildar, Nahan and Sh. R.S. Chandel as Local Commissioners for suggesting mode of partition. Report was submitted by the Local Commissioners. No objections were filed against the report of the Local Commissioners. Senior Sub Judge accepted the report vide order dated 13.9.2004 and passed final decree of partition. The plaintiffs filed an appeal before the Additional District Judge, Nahan against the order dated 13.9.2004. Learned Additional District Judge allowed the appeal vide judgment dated 15.9.2008 and remanded the matter back on the ground that the Local Commissioners have not carried out the partition in accordance with preliminary decree passed by the trial court.

(3.) WHAT emerges from the facts enumerated hereinabove is that preliminary decree was passed on 9.11.1999. It was not assailed. The final decree was passed on 13.9.2004. The plaintiffs preferred an appeal before the Additional District Judge, Sirmaur District at Nahan. He remanded the matter back to the trial court on 15.9.2008 for passing final decree in accordance with the preliminary decree dated 9.11.1999 after considering the objections filed by the defendants.