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2024 Supreme(Online)(MP) 9320

HIGH COURT OF MADHYA PRADESH
Sundarbai – Appellant
Versus
Shyamlal – Respondent


Advocates:
Manoj Manav,

ORDER

This Miscellaneous Petition under Section 227 of Constitution of India is preferred challenging the order dated 27.09.2021 passed in case no.459/appeal/2019-20 by Additional Commission Ujjain, Division Ujjain.

2. Facts in brief are that on 21.06.2018 petitioner had preferred an application under Section 178 of M.P.L.R.C. 1959 for partition of ancestral property. After receiving report from Patwari, Ld. Tehsildar by it order dated 16.02.2019 has passed the order of partition. In compliance of order dated 16.02.2019 passed by Ld. Tehsildar, revenue authorities has recorded the rights in the revenue record. After the order of Ld. Tehsildar, present respondent no.1 and 2 has filed a Civil Suit No.32-A/2019 on 26.03.2019 seeking the relief of declaration, partition and permanent injunction. By order dated 10.07.2019, Ld. Sub-Division Officer has dismissed the First Appeal filed by respondent No.1 and 2 and confirmed the order of partition dated 16.02.2019. Against the same respondent no.1 and 2 preferred a Second Appeal before Ld. Divisional Commissioner. By order dated 17.09.2021 Ld. Additional Commissioner, Ujjain Division, District – Ujjain, M.P. by which Second Appeal preferred

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