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2023 Supreme(Online)(Bom) 4932

BOMBAY HIGH COURT
HON'BLE JUSTICE SHARMILA U. DESHMUKH
GULABRAO ADINATHRAO SONPETHKAR AND OTHERS – Appellant
Versus
DHANASHRI ALIAS REKHA GULABRAO SONPETHKAR AND OTHERS – Respondent


‘O R D E R

1.Suit is partly decreed.

2.Suit properties, be partitioned amongst defendants No.1 to 7 and plaintiffs have 3/4th share in share allotted to defendant no.1.

3.Plaintiffs no.1 to 3 have 3/4th share, in the share of defendant no.1, in each gat no.183 adm. 4 H 30 R. in land gat no.237 1H 14R, in land gat no.345 adm. 4H 43R and the house properties as described in plaint.

4.Decree be sent to Collector, Latur for partition.

5. Court Commissioner, be appointed to partition house properties, amongst the parties.

6. Separate inquiry be made U/O. 20, R 12 (C) of C.P.C. in respect of mesne profits.

7. Parties to bear their own costs.

8. Preliminary decree be drawn accordingly.’

5. On 02.08.2018 the order was sent to the Collector, Latur for effecting partition under Section 54 of the Code of Civil Procedure (hereinafter in short ‘CPC’). After measurement of land by T.I.L.R., the Tahsildar by order dated 02.08.2018 directed the Circle Inspector, Murud to handover the possession of 3/4th share in the suit lands jointly to plaintiffs.

6. An objection petition was filed by defendant nos.1 to 4, 6 and 7 objecting to the share of plaintiffs on the ground that defendant no.5 - Rajubai had expired

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