LAXMAN Vs. RAM CHANDRA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner in this writ petition has challenged the order dated 11. 02. 2004 by which the final decree proceedings in a suit for partition were dismissed as having abated by the learned Civil Judge (Junior Division), Rajgarh.

(3.) LEARNED counsel for the petitioner submitted that the preliminary decree was passed on 04. 11. 1989 and it was upheld by the learned appellate court by judgment and decree dated 17. 05. 1997 in which the shares of the parties were determined as per the decree. The plaintiff moved the learned trial court for preparation of the final decree and the same came to be passed by the learned trial court on 29. 08. 1997. An application for preparation of final decree was instituted by the plaintiff and during the pendency of the same, the plaintiff died on 15. 07. 2000. In the meantime, the second appeal before the High Court against the preliminary decree which was pending was dismissed vide judgment dated 11. 02. 2004. The legal representatives of the plaintiff filed the present application for substitution on 26. 07. 2004 in Misc. Case No. 27 of 1997.