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Bombay High CourtWP/4675/2022disposed off

Smt. Anjanabai Balkrushna Chaughule Thou Poa Son Vilas Balkrushna Chaughule v. Ganpat Babu Badar And ORS

2023-12-11Hon'Ble Shri Justice Amit Borkar2 pages

35-wp4675-2022.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4675 OF 2022 Anjanabai Balkrushna Chaughule ... Petitioner V/s.

Ganpat Babu Badar & Ors.

... Respondents VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2023.12.11 17:56:34 +0530 WITH INTERIM APPLICATION NO.1775 OF 2023 IN WRIT PETITION NO.4675 OF 2022 The Tahsildar, Shirur, District Pune ... Petitioner In the matter between Anjanabai Balkrushna Chaughule ... Petitioner V/s.

Ganpat Babu Badar & Ors.

... Respondents Mr. Bharat Gadhavi with Mr. Chinmay Deshpande i/by Mr. Tejas Dande & Associates for the petitioner. Mr. P. G. Sawant, AGP for the respondent/State.

CORAM

: AMIT BORKAR, J.

DATED : DECEMBER 11, 2023 P.C.:

INTERIM APPLICATION NO.1775 OF 2023 1.

Since the order is passed by Hon'ble Justice Milind N. Jadhav who is available at principal seat, office to place interim application before the same Court.

35-wp4675-2022.doc WRIT PETITION NO.4675 OF 2022 2.

The petitioner is seeking direction against the respondents for expeditious execution of decree for partition passed in Regular Civil Suit No.177 of 1980.

3.

The respondents have filed an affidavit annexing communication dated 8th February 2023, which indicates that the area of Gat No.63 shown in 7/12 extract is 0.51H.R; however, actual area in respondents' possession is 0.39H.R. Therefore, it is necessary to get the revenue record correct. The suit for partition and separate possession, the description of the suit property described as per boundaries needs to be taken into consideration. 4.

It is, therefore, necessary for executing officer to taking into consideration boundaries described in the plaint and to deliver possession of the area surrounded by boundaries described in the plaint. Therefore, the respondents shall pass an appropriate order delivering possession of suit properties as per decree passed in Regular Civil Suit No.177 of 1980 within eight weeks from today. 5.

The writ petition stands disposed of. No costs. (AMIT BORKAR, J.)