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2023 Supreme(Bom) 1797

SANDEEP V. MARNE
Vijay Shivram Pathare – Appellant
Versus
City Corporation Limited – Respondent


Advocates appeared:
Nitin Gaware Patil, Advocate, G.S.Godbole, Advocate, S.B.Pawar, Advocate, Amit Karle, Advocate, Swati Sawant, Advocate, S.K.Legal, Advocate, Rokde Narayan, Advocate

Judgement Key Points

The court's decision emphasizes that disputes concerning the succession to a deceased decree-holder's estate must be resolved in a civil court, especially when there are conflicting claims among heirs or successors-in-title (!) (!) . The role of revenue authorities, such as Tehsildar or Collector, is limited to executing the preliminary decree for partition and does not extend to adjudicating on the rights of heirs or successors (!) (!) .

The judgment clarifies that the proceedings initiated before revenue authorities or revenue courts are not the appropriate forum for resolving disputes over succession rights. Instead, such disputes should be determined by the civil courts that originally passed the decree or are already handling related civil proceedings (!) (!) . The court highlights that the order passed by the revenue authorities or their nominees in the context of executing a preliminary decree is not final and does not settle the rights of the parties (!) .

Furthermore, the court affirms that multiple preliminary decrees can be passed in a partition suit if circumstances change, such as the death of decree holders or disputes among heirs. This allows the civil court to amend or reframe the decree to reflect the true entitlement of heirs or successors (!) (!) (!) .

In the specific case, the court acknowledges that the dispute between the parties over the estate of the deceased, Anjanabai, is a matter for civil courts to decide. It rejects the contention that the revenue authorities or Tehsildar can determine the rights of Vijay, Deepak, or City Corporation Ltd. to Anjanabai’s estate (!) .

The court also notes that there are multiple civil proceedings already pending, which are more appropriate forums for resolving the entitlement issues. It directs that these proceedings be consolidated and decided by a single civil court to avoid conflicting judgments (!) (!) .

In conclusion, the court upholds the order of the Minister-Revenue but directs that the substantive issue of entitlement to the estate be decided in civil courts where the related disputes are already pending. The revenue authorities' role is confined to executing the civil court’s decrees, not adjudicating rights among heirs or successors (!) (!) (!) .


JUDGMENT/ORDER

Sandeep V. Marne,J. - In a case where a dispute arises between claimants about succession to the estate allotted to a deceased decree-holder in a suit for partition, which forum would resolve such dispute and what would be the correct remedy to be adopted for resolution of such dispute are the issues which I am tasked upon to decide in this Petition.

2. The issues arise in the context of a challenge raised by the Petitioner-Vijay Shivram Pathare to the order dtd. 17/3/2021 passed by the Minister-Revenue, who has upheld the orders of Additional Divisional Commissioner, Additional Collector and Sub-Divisional Officer. Those revenue authorities had set aside Tehsildar's Order carving out share of deceased decree holder-Anjanabai and handing over possession thereof in favour of Petitioner. Both Petitioner-Vijay and his brother-Deepak claim right to succeed to the estate of Anjanabai. Respondent No. 1 is the successor-in-title of Deepak, who felt that Tehsildar's decision in handing over Anjanabai's share to Vijay pursuant to receipt of precept from Civil Court could be challenged before various revenue authorities. As against this, it is Vijay's contention that the correct

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