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HIGH COURT OF BOMBAY
Manish Pitale, J
Shri Divakar R. Dalvi – Appellant
Versus
The Deputy Collector & SDO, Bicholim, Sub Division Bicholim, Goa – Respondent
| Table of Content |
|---|
| 1. application for property partition requires clarity on title. (Para 1 , 2 , 3) |
| 2. objections regarding title necessitate civil court intervention. (Para 7 , 8 , 9 , 10) |
| 3. provisions in law bar partition proceedings when title questions arise. (Para 19 , 27 , 29) |
| 4. final ruling dismissing the petition upholds statutory requirements. (Para 33) |
JUDGMENT
1. The validity of an order dated 30.05.2015, passed by Respondent no.1-Deputy Collector, hinges on interpretation and application of Section 61 (2) of The Goa Daman and Diu Land Revenue Code , 1968, (for short, 'the aforesaid Code') to the facts of the present case.
2. The Petitioner filed an application dated 18.01.2011 before Respondent no.1 under Section 61 of the aforesaid Code seeking partition of his share from property located in survey no. 207/1 and 208/1 of Village Pale. The Petitioner placed reliance on five registered Sale Deeds executed in his favour by certain co-owners of the property. It is an admitted position that the Petitioner is also a co-owner of the property. According to the Petitioner, since undivided shares of his vendors were sold to him by way of aforesaid Sale Deeds, he was entitled to inv
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