MOHD ANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition has been filed under Article 227 of the Constitution of India being aggrieved of the order dtd. 31/5/2016 passed by learned Additional District Judge, Jhalawar in Civil Suit No.8/2015 whereby, the application filed by applicant-petitioner Mohd. Mansoor Alam under Order 1 Rule 10 (2) of CPC was allowed.

(2.) The brief facts of the case are that the plaintiff-petitioner Mohd. Anwar Alam along with three sisters had filed a suit for partition and permanent injunction against Mohd. Aktar Alam. It is important to mention that on 2/8/2014, Mohd. Aktar Alam died and his widow and legal heirs i.e. sons and daughters were brought on record. Plaintiff Nos.1-4 and defendant No.1 are real brothers and sisters whose father Mohd. Maqbool Alam died in the year 2004 and their mother died in the year 1993. The properties in dispute are immovable property and agricultural land.

(3.) On 12/3/2014, a suit for partition was filed in between plaintiffs and defendants referred above. During the pendency of the suit, plaintiffs and defendants arrived at compromise on 11/11/2014 under Sec. 89 of C.P.C. and the same was attested by the learned Trial Court. It is also important to mention that prior to entering into compromise, one application for impleadment was filed by the applicant respondent No.4- Mohd. Mansoor Alam on the ground that admittedly the subject matter of the suit is ancestral property upon which, the present suit for partition cannot be entered into as the applicant is also having vested right in the property. Secondly, he submitted that since the subject matter of suit is an ancestral property, entering of Hibanama/ gift-deed in the year 1953 by Shri Wazir Mohd., grandfather of petitioner was a nullity.