SHAM LAL CHABBA Vs. OM PRAKASH

JUDGEMENT

(1.) Whether approved for reporting ?1 No For the Appellant : Mr. Ajay Sharma, Senior Advocate, with Mr. Ajay Thakur, Advocate.

(2.) Brief facts of the case are that the suit filed by the plaintiffs/respondents for partition was decreed in their favour on 29.5.1980 by passing a preliminary decree for possession by partition of - 1/2 share out of the suit property. In appeal, the preliminary decree was set-aside by the learned first Appellate Court vide judgment dated 29.5.1984. However, the said judgment and decree passed by the learned first Appellate Court was set-aside byr this Court in appeal preferred by the plaintiffs/respondents No.1 to 5 vide judgment and decree dated 8.4.1994.

(3.) Thereafter, the plaintiffs on 25.3.1998 filed an application being CMA No. 31/98 before the learned trial Court which was not contested by any of the parties. Consequently, the learned trial Court proceeded to appoint a Local Commissioner to partition the suit property according to the preliminary decree, who submitted his report dated 30.6.2000 in the Court and on the basis of that report final decree came to be passed by the learned trial Court on 19.3.2001.