ORDER/JUDGMENT – Shri N. K. Gupta, Senior Advocate with Shri Sanjay Kumar Sharma, counsel for the petitioners.

Shri D. D. Bansal with Shri Sarvesh Sharma, learned counsel for the respondents.

2. This petition under Article 227 of the Constitution of India has been filed against the order dated 25-2-2019 passed by Additional Commissioner, Gwalior Division Gwalior in Appeal No. 511/2017-18, by which the appeal filed by the respondents has been allowed and the order of partition passed by the Naib Tehsildar as well as the order of SDO Bhitarwar, District Gwalior in Case No. 72/2016-17 Appeal have been set aside.

3. The necessary facts for disposal of the present petition in short are that Bhagguram, Brijmohan (petitioner No. 1), Harnam (petitioner No. 2), Atar Singh (petitioner No. 3), Rakesh (petitioner No. 4), Nathu, Dhani Ram, Kamal Singh and Lachcho (petitioner No. 5) filed an application under section 178 of MPLR Code for partition of Survey Nos. 399, 396, 434, 650 and 651 situated in Village Karaiya, Tehsil Chinor, District Gwalior (M. P.). It was claimed that all the applicants are co-sharers and are the joint Hindu Family members and they were in joint possession of the agricu