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1995 Supreme(Bom) 218

R.M.LODHA
Ramrathibai wd/o. Sivnath Pardeshi – Appellant
Versus
Surajpal s/o. Bhulai Chaudhari and others – Respondent


JUDGMENT - R.M. LODHA, J. :---The order dated 17-10-1992 passed by the Civil Judge, Junior Division, Babhulgaon, is the subject-matter of challenge in this revision application filed under section 115 of the Code of Civil Procedure, 1908 (for short the C.P.C.).

2. The important question involved in the present revision application is whether an application filed by the applicant under section 54 of the C.P.C. on 15-2-1992 for sending the precept to the Collector having jurisdiction over the subject-matter for partition of agricultural land i.e. estate assessed to land revenue to Government, pursuant to the decree passed on 9-1-1947, was an application for execution of the decree, and therefore, barred by limitation under Article 182 of the Limitation Act, 1908 or under any article of Limitation Act, 1963 or under section 48 of the C.P.C., as was existing prior to 1-1-1964.

3. The facts are undisputed and the said facts are that the present applicant filed a suit for partition and separate possession against Bhulai Ramdin Pardeshi - the predecessor-in-title of non-applicant Nos. 1 to 15, relating to agricultural lands situated at Mouza Muradabad and Fatepur, tahsil and district Yavatm







































































































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