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2000 Supreme(Guj) 763

H.R.SHELAT
RAVATSINH RANUBHA – Appellant
Versus
S. SINHA – Respondent


Advocates Appeared: Chetan Pandya, J.T.TRIVEDI, R.J.OZA, S.V.RAJU, Sudhanshu Patel

H. R. SHELAT, J.

( 1 ) AFTER the court of the civil judge (S. D.)at Bhavnagar on 31-12-1970 passed the decree in Special Civil Suit No. 1 of 1969 declaring the shares of the parties in the undivided properties and directing the Collector under Sec. 54 of the Civil Procedure Code to partition the lands assessed to payment of revenue to Government, and put the parties in possession of the portions of the land falling to their respective shares, the Collector for the District of Bhavnagar on 16th May, 1986 as per the settlement arrived at amongst the parties divided the lands and directed the Mamlatdar to hand over the possession of the land. The order was challenged in Revision. The Additional Chief Secretary, Revenue Department (Appeal) at Ahmedabad on 23-5-1990 allowing the Revision set aside the order of the Collector (Respondent No. 2) dated 16th May, 1986 and directed the Collector to act as if he was the Commissioner appointed within the meaning of the Civil Procedure Code and complete the work of partition within a period of two months. By this application under Arts. 226 and 227 of the Constitution of India, the order passed in revision is called in question with a prayer for





















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