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1994 Supreme(Kar) 109

N.D.V.BHATT
KRISHNABAI – Appellant
Versus
KRISHNARAO JANANTRAO DESAI – Respondent


Advocates:
R.H.CHANDAN GOUDAR, U.L.NARAYAN RAO

N. D. V. BHATT, J.

( 1 ) THIS revision petition is directed against the order dated 23-10-1990 passed by the Principal Munsiff, Gadag on I. A. No. I in F. D. P. 23/89. By the said order the Principal Munsiff, Gadag allowed I. A. I. filed by the instant petitioner by directing to call back the records sent to the Deputy Commissioner on 2-1-1990 for effecting partition.

( 2 ) THE facts relevant for the disposal of this revision petition, briefly stated, are as under: plaintiff - Krishnabai (present revision petitioner) filed O. S. No. 63/84 against four defendants (present respondents-1 to 4) praying for a decree for partition and separate possession of her share in the suit properties. The suit was initially contested by defendants 1 and 2. However, later the same was compromised. A compromise decree in terms of the compromise was passed on 8-1-1986. The terms of the decree, relevant for consideration are as under : (Vernacular Matter Omitted - Ed.) according to the decree-holder, defendants-1 and 2 failed to pay the amount within the stipulated time or for that matter at any time later. She therefore filed FDP. No. 23/ 1989 on the file of the Civil Judge at Gadag praying for transmi













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