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1998 Supreme(All) 469

G.P.MATHUR
Prabhawati Devi – Appellant
Versus
IInd Addl. District Judge Ghazipur – Respondent


Advocates:
Advocate Appeared:
A.K. Rai, R.N. Singh, R.Q. Padia, S.K. Verma, S.N. Singh, Siddarth Verma

Judgment

G.P. Mathur, J.

1. The petitioner Smt Prabhawati Devi filed Original Suit No. 53 of 1977 for partition of her 2/5th share in the property in dispute situate in Mohalla Khodaipura in Ghazipur which was decreed on 4-9-1981 by the Civil Judge Ghazipur and a preliminary decree for partition was passed. Aggrieved by the judgment and decree Rahat Ullah filed Civil Appeal No. 4 of 1982 and Syed Zainul Nabi filed Civil Appeal No. 11 of 1982 which were both dismissed by 1st Additional District Judge on 1-5-1986. Thereafter, proceedings for preparation of final decree were commenced wherein Rahat Ullah moved an application under Section 4 of the Partition Act. This application was allowed by the Civil Judge by the judgment and order dated 20-11-1987 and it was directed that Rahat Ullah may take necessary steps for ascertaining the valuation of plaintiff's 2/5th share and plaintiff-Smt. Prabhawati Devi was directed to execute a sale- deed of her share in favour of the applicant. This order was challenged by the plaintiff Smt. Prabhawati Devi by filing a Revision which was dismissed by 2nd Additional District Judge on 1-2-1991. As the second Revision is barred on account of U.P. Amendme










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