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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
Smt. M. S. Jawalkar, J, M.S. JAWALKAR
Nanibai wd/o Laxmanrao Navkhare – Appellant
Versus
Vitthalrao Marotrao Navkhare – Respondent
JUDGMENT :
Rule. Rule made returnable forthwith.
2. Heard learned Counsel for the petitioner.
3. By consent and on request of parties petition is taken up for final hearing at the stage of admission. Being aggrieved by the order dated 03/12/2024, passed below Exhibit 27 together with order dated 20/12/2024, passed below Exhibit 41 by the learned Civil Judge Senior Division, Amravati, in Special Darkhast No. 82/2024, by which, the learned Executing Court was pleased to allow the application file by the respondent for sending the precept to District Collector, Amravati, for execution of degree and appointment of Court Commissioner.
4. The respondent had filed suit for partition and separate possession against the petitioners and others in respect of two house properties and six agricultural land. The petitioners are the original Judgment Debtor Nos. 1 to 3 whereas, respondent No. 3 is the original degree holder in Special Darkhast No. 82 of 2024 filed for enforcement of the judgment and degree dated 14/11/2008, passed by the learned District Judge 3, Amravati. In Special Civil Suit No. 286/2005. The learned Trial Court vide judgment and decree dated 29/02/2006 decreed the suit in part th
Execution of a preliminary decree is not maintainable without a final decree, necessitating adherence to prescribed procedures for partition.
Suit is decreed or a preliminary decree is granted within a year or two, the final decree proceeding and execution takes decades for completion. This is an area which contributes to considerable dela....
A final decree is required before executing a partition, and parties must be granted a hearing to present objections as per the relevant rules.
Partition suit – Suit comes to an end only when final decree is drawn.
A preliminary decree in a partition suit which provides specific mechanisms for partition or sale in the event of impartibility is enforceable, and the court should proceed suo motu to finalize parti....
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....
A preliminary decree in a partition suit does not constitute a decree under the Andhra Pradesh Rights in Land and Pattadar Passbooks Act for mutation purposes.
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