ARJUN MISTRY Vs. RAJENDRA PRASAD VISHWAKARMA

JUDGEMENT

(1.) BOTH the matters are connected one and as such they have been heard together and are being disposed of by this common order.

(2.) CIVIL Revision No. 1190 of 2002 has been filed by the defendant/petitioner in the suit for partition against the order dated 6.8.2002 passed by the Subordinate Judge, 1st, Biharsharif in Execution Case No. 8 of 2000 rejecting his petition challenging the maintainability of the execution case.

(3.) THE factual matrix for disposal of the present application are that the plaintiff/opposite party filed a suit for partition against the defendant including Arjun Mistry who is the petitioner of Civil Revision No. 1190 of 2002. That suit was decreed on 27.5.1978 by passing a preliminary decree against which the defendant - petitioner filed Title Appeal No. 73 of 1978 which was allowed and the matter was remanded to the trial Court after addition certain properties. The plaintiff/ opposite party challenged the said judgment and decree in Second Appeal No. 86 of 1981 and this Court set aside the order of the appellate Court but remanded the matter to the trial Court to dispose of the matter afresh on merit after excluding the property which was ordered to be included by the first appellate Court. Thereafter again the trial Court passed a preliminary decree on 3.6.1992 against which the defendant Arjun Mistry filed Title Appeal which was dismissed on 3.2.1996 and the Second Appeal filed by him being Second Appeal No. 78 of 1996 was also dismissed on 10.7:2000. Thus, the preliminary decree dated 3.6.1992 has been affirmed up to this Court.