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S. G. MEHARE
Sadashiv – Appellant
Versus
State of Maharashtra – Respondent
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 regist
A final decree is required before executing a partition, and parties must be granted a hearing to present objections as per the relevant rules.
Execution of a preliminary decree is not maintainable without a final decree, necessitating adherence to prescribed procedures for partition.
The court clarified the rights of the parties in the subject property and directed the appointment of a Local Commissioner to effectuate the preliminary decree for partition, in line with the provisi....
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