JUDGMENT - V.C. DAGA, J.:---The crucial question for consideration is : Whether there is bar of limitation to the application being sent to the Collector in order that he may carry out direction given in a decree in the form set out in Order 20, Rule 18(1) of Civil Procedure Code, 1908?

FACTUAL MATRIX

2. Factual matrix lies in narrow compass and it is this :

The petitioners are the original plaintiffs and decree holders in Civil Suit No. 74 of 1975 filed by them on 13th October, 1975, for partition and separate possession of movable and immovable properties inter alia including the agricultural lands bearing revised Survey Nos. 154/2 and 155/2 situated at Baaj, Taluka Jat, District Sangli. The said suit came to be decreed on 27th November and the learned Civil Judge, Junior Division, Jat declared that the petitioners were entitled to 8/55th share in the suit property inasmuch as they were entitled to separate possession of the suit lands. It was further directed that the petitioner would be entitled to get 1/6th share in the suit property described in paragraph 2-B of the plaint and possession thereof to the extent of 1/6th share therein. It was further directed that the respondents, who were original defendants and judgment debtors would be liable to pay mesne profits from the date of the suit in respect of 8/55th share of the property described in paragraph 2-A of the plaint. The decree for partition and delivery of possession, being a decree involving an estate assessed to the payment of revenue to the Government, the learned Judge, in accordance with the provisions of section 54 of Civil Procedure Code, 1908 ("C.P.C." for short) directed, in the decree, that the partition, division and separation to be made by the Collector in accordance with declaration therein.

3. The applicants/decree holders filed an execution application, being Regular Darkhast No. 19 of 1984, in the Court of Civil Judge, Junior Division, Jat for execution of the said decree. The learned executing Court, by the order dated 23rd April, 1984 directed that papers be sent to the Collector, Sangli for partition of the suit lands in pursuance of the decree. In spite of the said order, no action was taken by the office of the Court of the Civil Judge, Jat for sending necessary papers to the Collector, Sangli. Ultimately, by the fresh order dated 12th August, 1986, the executing Court redirected its office to send papers to the Collector, Sangli for effecting partition as per decree.

4. The Collector of Sangli after receipt thereof, on 12th August, 1986, in turn, sent the said papers to the District Inspector of Land Records (D.I.L.R." for short), who took his own time, and after lapse of considerable time, vide his letter dated 21st April, 1988 brought to the notice of executing Court that the survey numbers of the lands mentioned in the decree were not in existence, in view of the implementation of consolidation scheme to the area in question. Consequently, new Gat numbers have been marked and/or given to the lands referred to in the decree. The D.I.L.R., therefore, sought the correct Gat numbers with correct area thereof; inasmuch brought it to the notice of the executing Court that part of the suit lands had been transferred, during the pendency of the litigation, to the third parties as such emphasised the necessity of making them parties to the darkhast application and requested for details in including their names.

5. It appears that after receipt of the above reference from the D.I.L.R., the executing Court called upon the applicants/decree holders to supply necessary details sought by the D.I.L.R. However, the executing Court, finding non-compliance of the order, passed an order dated 5th January, 1990 and granted seven days time by way of last chance so as to enable the decree holders to comply with the order dated 5th January, 1990, which was, initially, passed behind their back. However, the applicants/decree holders did not comply with the said order,

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