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2023 Supreme(MP) 316

G. S. AHLUWALIA
Gyanchandra – Appellant
Versus
Ramchandra – Respondent


Advocates appeared:
Akhilesh Jain for petitioners;
Kaustubh Shanker Jha for respondent No. 1

ORDER

1. This petition under Article 227 of the Constitution of India has been filed against the order dated 31.8.2019 passed by Additional Commissioner, Rewa, Division Rewa, Link Court Satna in Case No.

217/Appeal/2007-08.

2. Since the controversy revolves in a very narrow campus, therefore, it is not necessary to deal with the facts of the case in detail.

3. It appears that one Panch Faisla was passed thereby dividing the shares of the predecessor of the parties. No application was filed for making it a Rule of Court. It is submitted that after 3 years of passing of the Panch Faisla, an application was filed under section 14 of the Arbitration Act. During the pendency of the said application, the Tehsildar passed an order under section 178 of the MPLR Code and on the basis of the Panch Faisla partition was done.

4. Subsequent thereto, various litigations took place and ultimately, the Panch Faisla was not made a Rule of Court on the ground of limitation and secondly, the writ petition filed by the Panchas against the order by which application for making the Panch Faisla as Rule of Court was dismissed as barred by time, was held to be not maintainable.

5. It is submitted by the cou

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