RAVI KANT Vs. RAM KISHAN

JUDGEMENT

(1.) IN the impugned order dated 30th June, 2006 passed by the learned Civil Judge (Senior Division), Hamirpur, the application of the petitioners filed under Order 20 Rule 18 had been practically rejected even though a direction indeed had been issued in the operative part of the Order for sending of the preliminary decree sheet and the jamabandis etc. to the Collector for effecting partition of the property in question. Let us notice the facts first.

(2.) A suit for possession by way of partition was filed by the petitioners in the Court of Civil Judge (Senior Division), Hamirpur, being Civil Suit No.53 of 1996. Out of many Issues which were framed in the said suit, Issue No.1 alone was relevant for determining and adjudicating upon the contentious and rival claims of the parties in the suit. Issue No.1 reads thus:-

(3.) ULTIMATELY the suit was decreed in the following manner:-