AJOY KUMAR MOHARANA Vs. GHANASHYAM MOHARANA AND ORS.

JUDGEMENT

(1.) OPPOSITE party No. 1 filed Title Suit No. 16 of 1961 in the Court of the Munsif, 1st Court, Cuttack, for partition of Kha Schedule property. Ga schedule property constituted a part of the Kha schedule and measured 0049 acre. It was an undivided homestead of the Petitioner 's family. The first Defendant (Petitioner) was a stranger purchaser of the Ga Schedule land excluding an area of 0.003 acre and 1 Kadi. He purchased the same in title Suit No. 39 of 1955 of the 1st Munsif 's Court. Opposite party No. 1 besides asking for partition of the Kha Schedule property asked for repurchasing the Ga Schedule land under Section 4 of the Partition Act. On 30 -9 -1963 a preliminary decree was passed in his favour.

(2.) ON 15 -4 -1972 opposite party No. 1 tendered a Chalan for Rs. 835 -50 P. to re -purchase 0.021 acre and 4 Kadis from Defendant No. 1 as was directed by the appellate Court. On 16 -12 -1972 he filed an application for extension of time under Section 148, Code of Civil Procedure for depositing the money. The Petitioner filed objection on the ground that the appellate Court not having granted any time and the time of two months granted by the trial Court having long since expired opposite party No. 1 was not entitled to deposit the money as directed in the appellate Court decree and that he has not entitled to extension of time under Section 148, Code of Civil Procedure.

(3.) IN this case the trial Court decree was reversed in part by the appellate Court. While the trial Court granted the decree for pre -emption in respect of the entire Ga Schedule land the appellate Court confined the decree of pre -emption to an area of O. 021 acre and 4 Kadis.