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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.JAMADAR
Thakker Developers Ltd. – Appellant
Versus
Nalini Arjun Tajale (deceased) through legal heirs – Respondent
| Table of Content |
|---|
| 1. rule made returnable and final hearing consent. (Para 1 , 2 , 3) |
| 2. a comprehensive factual background of litigation history related to partition. (Para 4) |
| 3. court heard detailed submissions from various counsel. (Para 9 , 10) |
| 4. petitioners argue the revisions were improper and violated consent decree. (Para 11 , 12 , 13 , 19 , 22) |
| 5. respondents argue the partition was executed inequitably. (Para 21 , 24 , 25) |
| 6. clarification on the nature of the decree and its execution. (Para 29 , 30 , 31 , 32) |
| 7. discussion on integrity and adherence to the consent decree. (Para 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 8. final order partly allows petitions related to survey no.80/3. (Para 63 , 64) |
JUDGMENT :
N.J.Jamadar, J.
1. Rule. Rule made returnable forthwith, and, with the consent of the parties, heard finally.
2. All these petitions assail the legality, propriety and correctness of an order dated 27 September 2024 passed by the Minister (Revenue and Forest Department) in Revision Application No.3019/10232/Pra.Kra.240/J-6, whereby the said revision application came to be allowed by setting aside the order passed by the Divisional Commissioner, Nashik, in RTS/337/2009 and RTS/338/2009
The High Court confirmed rights established under a 1955 partition decree, emphasizing that the execution of civil court judgments must be respected without unauthorized administrative interference.
Consent orders binding parties must be honored unless evidence of fraud or misrepresentation is provided.
Jurisdiction in partition suits remains intact despite subsequent land acquisitions, and inherent powers under C.P.C. cannot override specific statutory provisions.
A final decree is required before executing a partition, and parties must be granted a hearing to present objections as per the relevant rules.
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