ORDER

1. By this petition preferred under Article 227 of the Constitution of India the petitioners have challenged the order dated 28.8.2019 passed by the Additional Commissioner, Ujjain Division, Ujjain whereby the order dated 29.8.2017 passed by the Sub Divisional Officer, Tehsil and District Shajapur dismissing their appeal as barred by time and the order dated 29.8.2017 passed by the Additional Tehsildar, Tappa Maksi, Tehsil and District Shajapur have been set aside.

2. The facts in brief are that the petitioners made an application under section 178 of M.P. Land Revenue Code, 1959 (here-in-after referred to as "the Code, 1959") for partition of the lands in dispute before the Additional Tahsildar, Maksi, District Ujjain. The application was allowed by the Additional Tahsildar and the partition as prayed for was permitted and order in that regard was passed in Namantaran Panji No.5 on 15.6.2005.

3. Being aggrieved by the order aforesaid the respondents preferred an appeal under section 44 (1) of the Code, 1959 before the Sub Divisional Officer, Shajapur. Since the same was barred by time by about 11 years they filed an application under Section 5 of the Limitation Act, 1963 for co