PREMLATA Vs. CHANDRAKANT

JUDGEMENT

(1.) Rule, with the consent of the learned Counsel for the parties made returnable forthwith and heard.

(2.) The above petition takes exception to the order dated 2/2/2011 passed by the learned 4 th Joint Civil Judge, Senior Division, Nagpur whereby applications (Exhs. 61 and 66) filed by the respondent nos. 1 and 2 herein came to be allowed and direction came to be issued for appointing a fresh Commission for partitioning the suit properties amongst the decree holders and the judgment debtors in terms of the preliminary decree.

(3.) The facts in the above petition exemplify the manner in which a decree, which has been passed as long back as on 30/9/1991, is sought to be stalled on one pretext or the other though the same has been confirmed right upto the Apex Court. The petitioners herein are the heirs of one Ramlal Sheoratan Shahu whereas respondent nos. 1 and 2 are the heirs of Ramdin Shahu and they all claim their shares through a common ancestor Sheoratan Shahu.