SAROJ KUMARI Vs. GAYATRI DEVI

JUDGEMENT

(1.) By way of this petition, the petitioner/Decree Holder has challenged order, dated 09.10.2017, passed by the Court of learned Civil Judge (Junior Division), Court No. II, Palampur, H.P. on the Objections which were filed before the said Court to the report of a Field Kanungo, dated 19.04.2017, which objections learned Court below rejected by way of the impugned order.

(2.) Brief facts necessary for the adjudication of present petition are that the petitioner herein filed a suit for partition and rendition of accounts against the respondent?defendant, in which, a preliminary decree was passed in favour of the plaintiff and against the defendant in the following terms:

(3.) In terms of the preliminary decree, Naib Tehsildar, Palampur undertook the process of partition between the parties, as is reflected in Annexure P?2 appended with the petition. Two lots were proposed by the Local Commissioner for effecting partition, which were termed as Lot 'A' and Lot 'B' and in addition to said two lots, it was further mentioned in the said report that apart from above, path comprised in Khasra Nos. 512, 513, 514, Kita 3, measuring 40?58 square metres was kept joint so that the same could be used jointly and severally by both the owners. Report further demonstrates that Lot 'A' was partitioned in favour of the petitioner, i.e., Decree Holder, whereas Lot 'B' was partitioned in favour of the respondent/Judgment Debtor. The area of Lot 'A' was mentioned therein as 131?43 square metres and that of Lot 'B' was mentioned as 132?90 square metres. Path which was reflected in the joint ownership of both in equal shares, was mentioned as 40?58 square metres.