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Mohd. Miyan Khan v. Peerzada Khadim Kamrool Zafar & Others - CIVIL REVISION No. - 469 of 2007 [2007] RD-AH 18401 (28 November 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Dilip Gupta, J.

This Civil Revision under Section 115 of the Code of Civil Procedure has been filed for setting aside the order dated 29th September, 2007 passed by the learned Civil Judge (Senior Division) Badaun, in Miscellaneous Case No. 6 of 2007.

I have heard Sri S.K. Mehrotra learned counsel for the revisionist and Sri Manoj Misra for the respondents.

A partition suit was filed in which a preliminary decree was prepared on the basis of a compromise. Subsequently, the Commissioner prepared a preliminary partition scheme. Objections were filed by the revisionist but the same have been rejected by the order dated 22nd September, 2007.

Learned counsel for the revisionist has placed reliance upon Clause 10 of the Compromise Decree. This Clause 10 cannot be read dehors the provisions of Clause 7 of the Compromise Decree. It is only in a situation where the plaintiffs agreed for inclusion of the defendants in their ''Kuras' that they will have a right, but if the plaintiffs did not agree, the defendants will have no right in the ''Kuras' of the plaintiffs. The plaintiffs have not agreed to the inclusion of defendant No. 1. The preliminary partition scheme has been prepared on this basis.

In such circumstances, there is no illegality in the order passed by the Court below.

The Civil Revision is, accordingly, dismissed.

Date: 28.11.2007



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