JUDGMENT :

A simple decree for partition and separation was sought to be executed against a stranger/3rd person for getting possession of Government land having an extent of 1.65 Acres. The State Government is not in the party array of the suit for partition. There is no substantial prayer in the suit for declaration of right, title or interest over the property in favour of the plaintiff, but a mere suit for partition alone was filed incorporating the Government land having an extent of 1.65 Acres, alleging that he is in possession of the said Government land. When it was sought to be executed, the appellant herein, a third party, came up with a claim petition disputing the right, title and interest of the plaintiff over the Government land and alleged that he is in possession and enjoyment of the said property. The trial court dismissed the claim petition treating the same under Rule 97, 98 and 101 of Order 21 C.P.C. It was confirmed in appeal, against which the obstructor/claim petitioner came up with this appeal.

2. The following questions came up for consideration:

(1) Whether it is permissible to execute a simple decree for partition and separation against a third person for get