JUDGMENT - BOBDE S.A., J.:---By this petition the defendant/judgment Debtor challenges the order of the District Court, Ratnagiri dismissing his appeal by which he had made a grievance about the manner in which the Collector had effected the partition after a decree had been passed by the Civil Court.

2. The respondents here i.e. Appaji Gulabrao @ Ganpatrao Bhosale, since deceased, now represented by his legal representatives and others had instituted a Regular Civil Suit No. 50 of 1971 against the petitioner and some others, who are defendants. The parties to the suit were related to each other. The suit resulted in decree to the effect that the suit land should be divided equally between the contesting parties i.e. the plaintiff would be entitled to a half share and the defendants should be entitled to another half.

3. This decree was passed in accordance with the consent terms entered into by the parties. The consent terms referred to the properties in possession of the parties. Clause 5 of the consent terms provided that the partition should be made as far as possible having regard to the present position of the property. It is this clause which has mainly give rise to the presen

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