Advocates:
['TRIPATHI SUSHILKUMAR H', 'KOLSE PATIL MADHUKAR G', '', 'FOR R/ AND']

(1) WP. 1462-2012

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 1462 OF 2012

1. Ashok Tilak Patil,

Age : 47 years, Occu.: Service,

R/o Police Line, Jalgaon

2. Dilip Tilak Patil,

Age : 42 years, Occu.: Agri.,

3. Arun Tilak Patil,

Age : 39 years, Occu.: Agri.,

4. Moreshwar @ Sanjay Tilak Patil,

Age : 36 years, Occu.: Agri.,

5. Ramabai Tilak Patil,

Age : 71 years, Occu.: Household,

No.2 to 5 R/o. Pimpri (Bk.)

Taluka Pachora, District - Jalgaon

6. Jijabai Rajendra Kulkarni

Age : 37 years, Occu.: Household

R/o Anturli Taluka Edalabad,

District - Jalgaon

7. Nirmalabai Digambar Saraf,

Age : 32 years, Occu.: Household,

R/o Talai Post-Uttran,

Taluka Erandol,

District - Jalgaon PETITIONERS

VERSUS

1. Kalabai Nimba Dixit,

Age : 59 years,

Occu.: Household & Agri.,

R/o Waghadi (Bk.)

Taluka Shindkheda,

District Dhule

(2) WP. 1462-2012

2. Lilabai Nagorao Kulkarni,

Age : 56 years, Occu.: Household

R/o. Jaypur (Lande)

Taluka Khamgaon, Dist.Buldhana RESPONDENTS

.....

Mr. Sushilkumar H. Tripathi, Advocate for the petitioners.

Mr. M.G. Kolse Patil, Advocate for the respondents.

.....

CORAM

: R.M. BORDE, J.

DATED

: 4^TH JULY, 2012

ORAL ORDER:

1.

Rule. Rule made returnable forthwith.

By consent of the parties, the Petition is heard

finally at the stage of admission.

2.

The petitioner is taking exception to the

order passed by the trial Court on 27.12.2011 below

Exhibit 52 in Regular Darkhast no.15 of 2005. The

petitioners are the judgment debtors. The respondents

presented Regular Civil Suit no.23 of 2012, claiming

partition and separate possession of the ancestral

property. The trial Court decreed the suit and

passed following order:-

"

ORDER

1) Suit is partly decreed.

2) Plaintiffs, defendant no.6 and 7 are

entitled for 1/48th each share, defendant

(3) WP. 1462-2012

no.1 to 4 are entitled for 9/48th each share

and defendant no.5 is entitled for 8/48th

share in the suit properties i.e. field Gat

no.167 and the field Gat no.418 and house

property no.38,39 and 43.

3) For effecting division and allotment of

share in the suit properties i.e. remaining

land of Gat No.99/1 field Gat no.167 and

field Gat No.417.

4) Precept be sent to Collector Jalgaon

5) Commissioner shall be appointed for

partitioning the house bearing no.38,39 and

43 situated at Pimpri (Bk.) and put the

parties in possession of their respective

share separately as mentioned above.

6) Preliminary inquiry as per Order 20 Rule

12 of Civil Procedure Code for mesne

profits.

7) Plaintiffs have the meager share in the

suit properties therefore they are liberty

to claim their share from the defendants by

way of money to the extent of their share as

per the market value of the suit properties.

8) No orders as to costs.

9) Parties are directed to bear their own

costs.

10) Decree be drawn up accordingly.

Dt.: 12.08.2005 Sd/-

(R.N. Bawankat),

Civil Judge Jr.Dn.

Pachora."

3.

The decree holders proceeded to present an

application seeking execution of the decree, which

(4) WP. 1462-2012

was registered as Regular Darkhast no.15 of 2005.

Since a part of the decree relates to partition of

agricultural property, the same is required to be

sent to the Collector under section 54 of the Code of

Civil Procedure for effecting partition