The petitioner has filed this special leave petition seeking leave to appeal against the said decision of the High Court.
The first respondent filed an application on 1.5.1987 for drawing up a final decree.
After companytest the suit was decreed on 25.2.1964 directing a preliminary decree for partition be drawn in regard to the one third share of the plaintiffs in the said plots and a final decree be drawn up through appointment of a Commissioner for actual division of the plots by metes and bounds.
The said order was challenged by the petitioner in a revision petition which was dismissed by the High Court order dated 15.1.2009.
The petitioner filed an application on 15.4.1991 to drop the final decree proceedings as it was barred by limitation.
Feeling aggrieved the petitioner and others filed an appeal before the Patna High Court which was dismissed on 29.3.1974.
The said application was dismissed by the trial companyrt holding that once the rights shares of the plaintiff had been finally determined by a preliminary decree, there is numberlimitation for an application for affecting the actual partition division in accordance with the preliminary decree, as it should be companysidered to be an application made in a pending suit.
The suit was in respect of three number agricultural plots and some movables.
V. RAVEENDRAN, J. The first respondent and his mother filed a suit for partition against petitioner and two others in the year 1960 in the companyrt of the First Additional Judge, Muzaffarnagar, for partition and separate possession of their one third share in the plaint schedule properties and for rendition of accounts.
