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1998 Supreme(P&H) 1383

V.S.AGGARWAL
Naresh Kumar – Appellant
Versus
Kailash Devi – Respondent


Judgment

V.S.AGGARWAL, J.

1. The present revision petition has been filed by Naresh Kumar and another, hereinafter described as the petitioners, directed against the order passed by the learned Civil Judge (Senior Division), Rohtak, dated 9-3-1998. By virtue of the impugned order, the learned trial Court rejected the request of the petitioners that the application filed for passing the final decree is barred by time and appointed an Advocate to suggest the mode of partition and the share of the respondent decree-holders in accordance with the preliminary decree.

2. The facts relevant are that a preliminary decree for partition was passed. Thereafter respondent decree-holders submitted an application for passing a final decree on the basis of the judgment and decree dated 18-3-1989 with a request for the appointment of the Local Commissioner to suggest the mode of partition and share of the decree-holders. Notice of the application was issued to the petitioners who had taken up the plea that the respondent decree-holders are not entitled to get their shares because the application is barred by time. It had been contended that the preliminary decree was passed on 18-3-1989. Against th





























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