RAM KRIPAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Miscellaneous Application has been filed under Article 227 of the Constitution of India for restoring and reviving Execution Case No. 15 of 1967 (arising out of preliminary decree dtd. 25/4/1996 in Partition Suit No. 36 of 1962/78 of 1996) to its original file.

(3.) The brief facts of the case as per the application are that the original plaintiffs instituted Partition Suit No. 36 of 1962 on 15/6/1962 in the Court of Sub-Judge 1st, Muzaffarpur against defendants for partition of the joint family property which was decreed in part and it was ordered that partition by metes and bounds shall be effected by Survey Knowing Pleader Commissioner appointed by the Court at the instance of any party. Against the said decree, First appeal being F.A. No. 227 of 1966 was filed by Bidya Singh and others on 15/7/1966 before this Court. At the stage of hearing of the said appeal an application under Sec. 4 (c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (in short 'Bihar Consolidation Act') was filed on 23/2/1984 by the appellants on the ground that there is notification No. S.O. 1039 dtd. 6/9/1975 published in the Bihar Gazette Part II dtd. 10/9/1975 that the consolidation proceeding is going on over all the lands of four villages of Mushahari Circle and considering the same this Court abated the suit and the appeal in view of the consolidation proceedings and disposed of the appeal by order dtd. 23/3/1984.