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2016 Supreme(Chh) 269

SANJAY K.AGRAWAL
Chandrika Prasad Kesharwani – Appellant
Versus
Mangal Ram Kesharwani – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Vivek Tripathi
For the Respondents: Mr. Rajeev Shrivastava, Mr. Dheeraj Kumar Wankhede

ORDER :

1. Extent of share between the petitioners and the respondents, of land was adjudicated by the civil court in a civil suit for partition filed by one of the parties. The jurisdictional civil court by its judgment and decree directed that Badri Prasad Kesharwani will get one half share in the suit property whereas, Chandrika Prasad Kesharwani, Kedarnath Kesharwani and Smt. Mohar Bai Kesharwani each one will get ¼th share in the suit land, and respondents No.5 to 8 herein will get ¼th share in the property. The total suit land which is agricultural land i.e. available for partition is 15.524 hectares and total khasra number is 37 situate at Village Gidhouri, Tahsil Kasdol. The judgment and decree of the civil court was affirmed by the first appellate court and also by the High Court of Madhya Pradesh in second appeal.

2. Shri Badri Prasad Kesharwani made an application before the Assistant Settlement Officer for partition of land as per the provisions contained in Section 178 of the Chhattisgarh Land Revenue Code, 1959 (for short 'the Code'). On the said application for partition filed under Section 178 of the Code, a regular revenue case was registered by the Assistant Settlem


































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