KOKA @ RAMU ORAON Vs. MADIA ORAIN

JUDGEMENT

(1.) OPPOSITE Par -ties 1 to 3 had filed Partition Suit No. 25 of 1975, which was decreed on 20.10.1982. None of the parties to the suit preferred any appeal and the said preliminary decree became final.

(2.) HOWEVER , the petitioner, who was admittedly a co -sharer, was not made party in the said suit and, therefore, he filed Partition Suit 236 of 1987 for setting aside the aforesaid preliminary decree dated 20.10.1982 and asked for a fresh preliminary decree in respect of the suit property. This suit was also decreed on 28.9.1994 and consequently earlier preliminary decree dated 20.10.1982 was set aside.

(3.) DURING pendency of the said appeal, on account of amicable settlement, petitioner got adjustment of share and thereafter filed petition dated 18.7.1998 (Annexure 1) in the appeal for withdrawal of the suit.