This Short Intern writ petition challenged the execution court's order accepting a commissioner's report on property partition. The High Court found no perversity in the lower court's exercise of discretion and dismissed the petition.
The writ petition was dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 1159 of 2008
Mukesh Rathor, S/o Gangji Bhai Rathore, aged about 25 years, R/o- Infront of P.D. Company, Bastar Raod, Dhamtari, District- Dhamtari................... (Judgment Debtor) ---- Petitioner
Versus
3-A. Bharat Rathore, S/o Lakdheer Bhai Rathore, aged about 25 years, R/oDhamtari in front of P.D. Company, Bastar Road, Dhamtari, Dist. Dhamtari (C.G.)
3-B. Pankaj Rathore, S/o Gagji Bhai Rathore, aged about 20 years, R/oDhamtari in front of P.D. Company, Bastar Road, Dhamtari, Dist. Dhamtari (C.G.)
Respondents
For Petitioner : Mr. Pawan Kesharwani, Advocate. For Respondents : Mr. Rajat Agrawal, Advocate.
Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board
13/11/17
2
petitioner herein, being aggrieved against which this writ petition has been preferred by the petitioner.
3
order as to cost(s).
Sd/-
(Sanjay K. Agrawal) Judge
Priyanka
2 issues framed by the court
Whether the executing court's acceptance of the commissioner's report on partition and rejection of the petitioner's objection warrants interference.
Whether the exercising of discretion by the executing court in the partition decree was perverse or contrary to law.
Mukesh Rathor
Kamli Bai
Praveen Rathore
Jaya Gauri
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
