R.S. Garg, J.

1. The applicant/judgment-debtor being aggrieved by the order dated 20.2.1998 passed by the learned Civil Judge Class I, Chhindwara in Execution Case No. 2/97 over-ruling the objections filed by the applicant/judgment-debtor, has filed this petition under Section 115, C.P.C.

2. Undisputedly on 23.9.1996 in Civil Suit No. 12-A/94 between the non-applicant No. 1 /plaintiff on one side, and present applicant and non-applicant Nos. 2 and 3/defendants on the other side, the suit was decreed in favour of plaintiff Laxmibai inter alia directing the plaintiff Laxmibai is entitled to 1/4th share in the house. The Court also directed that the plaintiff is entitled to seek partition by metes and bounds. No challenge was made to the said ex-parte judgment and decree, and the final decree proceedings started. In the final decree proceedings, the property that is the dwelling house was put for partition and the same was partitioned in four equal shares. The present applicant raised an objection under Section 23 of Hindu Succession Act inter alia pleading that the plaintiff/decree-holder being a female heir of deceased Sitaram was not entitled to seek partition of dwelling house.