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VANDANA KASREKAR
Sajjan Singh – Appellant
Versus
Kantabai @ Baban Bai – Respondent
1. The petitioner has filed this present petition challenging the order dated 19.04.2018 passed by learned II Civil Judge, Class-I, Dhar in Execution Case No.17/2017 whereby the learned Judge has dismissed the application filed by the petitioner regarding dismissal of the execution proceedings on the ground of mis-joinder and non-joinder of parties in the execution including the judgment debtor.
2. The facts of the case in brief are that on 15.12.1997 the respondent no.1 and Late Mrs. Ghisi Bai Wd/o Ramsingh filed a Civil Suit No.93-A/2000 for partition of the lands bearing Survey No.88/1,138/2,138/3/2,248,284/2 and 243 ad-measuring the total area of 4.144 Hectare. The suit was filed for equal partition of the said property among the plaintiffs and the defendants. The preliminary decree was passed deciding the shares of the parties. The petitioner being one of the 7 defendants whereas the present respondent being one of the 2 plaintiffs had their shares decided. Ghisibai and Umarobai were provided a share of 1/16th whereas the petitioner and respondent along with Ramkanya, Leelabai, Ahilyabai, Bholibai were awarded share of 1/8th. Being aggrieved by the said impugned judgment
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