A final decree is required before executing a partition, and parties must be granted a hearing to present objections as per the relevant rules.

JUDGMENT :

S.G. Mehare, J.

Rule. Rule made returnable with forthwith. With consent of the learned counsel for the respective parties, heard finally.

2. More than a century and half back, the Privy Council (Speaking through the Right Hon'ble Jems W. Colville, J.) in the General Manager of the Raj Durbungah v. Maharaja Coomer Ramaput Singh (Court of Wards), (1871-72) 14 MOO IA 605 lamented that the difficulties of litigants in India indeed begin when they have obtained a decree. The respondent/decree-holder is going through the same difficulty.

3. A sister has been running after the brothers since 1992 for executing her right to share in her parent's property. Her partition suit was decreed in 2006. A First Appeal was dismissed in 2017, and the Second Appeal was dismissed in 2021. After the final adjudication, she filed an execution petition before the Executing Court in 2020.

4. The Civil Court sent the precept under section 54 of the Code of Civil Procedure (for short, "C.P.C.") to respondent No.2 for partition and separate possession by metes and bounds. The Collector sent that precept to the Residential Deputy Collector. He forwarded that precept to the Tahsildar. The Tahsildar registered petition bearing No.2022/ROR/Court Decree/KaVi/81. In that petition, he issued a letter for effecting the partition and delivering possession to the respective shareholders on 22.07.2022. The contesting respondents impugned that order before the Sub-Divisional Officer. By his order dated 17.08.2022, he observed that partition as per letter dated 22.07.2022 would not be appropriate. He directed the Tahsildar to act as per Section 85(2) of the Maharashtra Land Revenue Code, 1966 ("Code, 1966", for short). He again addressed a letter to the Tahsildar on 29.05.2023, reminding him that he did not submit the compliance report as per the letter dated 17.08.2022. He again asked him to take an action as per the law and submit the compliance report. Lastly, by his letter dated 31.05.2023, the Tahsildar informed the S.D.O. that as per the order of the Civil Court, the Circle Inspector was appointed as authorized officer to partition the land and hand over the possession to respective parties. The Circle Inspector submitted the report on 17.08.2022 that there were sale transactions of the land, the land was in possession of the purchasers, and Kharip crop was standing in the field. There was crowd and the possibility of disturbance of law and order. Hence, partition could not be effected. He further submitted that the Civil Court directed the partition of the land under section 54 of the C.P.C. However, the proposed partition did not violate the provisions of the Prevention of Fragmentation and Consolidation of Holdings Act (for short, "Fragmentation Act"). The action has been taken as per Section 85 of the Code, 1966. Therefore, it is not necessary to follow the procedure under Section 85 of the Code, 1966 again.

5. The Tahsildar issued a letter dated 02.06.2023 to the Circle Inspector directing him to go on the spot and partition the land as per the Court order, as per the measurement and the partition sheet. The petitioners have impugned the said letter in this writ petition.

6. The bone of contention of the learned senior counsel for the petitioners is that a partition chart has been prepared without issuing a notice to the petitioners or a hearing was not granted. The procedure adopted while partitioning the land under section 54 of the C.P.C. is illegal and contrary to the principle of natural justice. The Tahsildar did not follow the directions of the S.D.O. dated 29.05.2023. The S.D.O. has granted the stay. However, the Tahsildar again directed the delivery of the possession and partition. It is an abuse of the process of law. The opportunity for a hearing must have been given to the petitioners while preparing the partition chart. However, no such opportunity was granted to them. While preparing the partition chart, the house property, temple, crops