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2012 Supreme(MP) 612

A.K.SHRIVASTAVA
Bhanu Shankar Raikwar – Appellant
Versus
Vijay Shankar Raikwar – Respondent


Advocates:
A.K. Jain for appellants;
R.P. Khare for respondent No.1;
Abhishek Arjariya for respondent No.4.

ORDER

1. This appeal under Order 43 rule 1(j) has been filed assailing the order dated 18.7.2011 passed in Execution Case No.20-A/2008 by learned Third Additional District Judge, Jabalpur by the appellants.

2. No exhaustive statements of fact are required to be narrated for the purpose of disposal of this appeal. Suffice it to say that plaintiff Vijay Shankar Raikwar who has been arrayed as respondent No.1 here in this appeal and who shall be referred to as the first respondent filed a suit for partition claiming 1/5th share in the suit property and for obtaining separate possession of his share arraying Ravi Shankar (respondent No.1), Bhanu Shankar and Vinod Shankar (respondents No.2 and 3-appellants), Smt. Manorama (defendant No.4) and Smt. Madhubala (defendants No.5-respondent No.3) as parties to the suit. The said suit of plaintiff was decreed by learned trial Court on 4.2.2002. A copy of the judgment is placed on record. After passing of the preliminary decree when the partition decree was put to execution, a Commissioner was appointed but the property in question could not be partitioned and as stated by learned counsel for the parties, the Court Commissioner submitted a report



















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