MADHU SARIN Vs. MADHURI SAREEN AND ORS.

JUDGEMENT

(1.) I have heard learned senior counsel, Mr. S.S.Dvivedi on behalf of the petitioner and the learned counsel, Mr. J.K.Verma on behalf of the opposite parties.

(2.) This Civil Revision application has been filed by the petitioner who was opposite party in the court below against the order dated 21.05.2011 passed by Civil Judge Ist(Sr. Division), Nawadah in Misc. Case No.4 of 2007 whereby the learned court below allowed the application filed by the O.P. Nos.1 to 4 for correction of compromise decree passed in Partition Suit No.147 of 1985.

(3.) It appears that the partition suit was filed by O.P. No.5 claiming her 1/4th share being Partition Suit No.147 of 1985. In the said suit, her father, brother and sister i.e. petitioners were the defendants. They filed joint compromise petition and in terms of compromise, Partition Suit No.147 of 1985 was disposed of and the decree was prepared and directed that the compromise application shall form part of the decree on 04.04.1986. Thus, the suit was finally decreed in terms of compromise. The petitioner filed application for mutation with respect to her share allotted in compromise decree i.e. 25 1/2 decimals and further, 33 decimals by oral partition with respect to plot no.829, 830 and 831 of khata no.242 and 348. Thereafter, Misc. Case No.4 of 2007 was filed by opposite parties alleging that actually 1.09 acre of the aforesaid three plots was allotted to Subhash Chandra Sharin, the brother and husband of O.P. No.1 and the petitioner and O.P. No.5 were given only 15 1/2 decimals each. There is a mistake in the compromise application, therefore, prayer was made for correction in the compromise petition. By the impugned order, the court below has allowed this application.