Babu Jyotiram Jadhav v. The District Collector And Others

19 WP 10840 OF 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 WRIT PETITION NO.10840 OF 2022 BABU JYOTIRAM JADHAV

VERSUS

THE DISTRICT COLLECTOR AND OTHERS ...

Advocate for Petitioner : Mr. Biradar R.D.

AGP for Respondents/State : Mr. A.R. Kale

CORAM

: MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.

DATE : 12.12.2022.

PER COURT :

Heard.

2.

A decree for partition was purportedly sent to the Collector under Section 54 of the Code of Civil Procedure for effecting partition in accordance with law.

3.

The petitioner has certain objections and seems to have moved certain applications before the Tahsildar.

4.

Though the petitioner is seeking several directions including the one for directing the respondents to effect partition equitably, we are afraid, the request cannot be considered. We cannot prejudge that the partition would not be effected strictly in accordance with law. 5.

However, simultaneously, since the petitioner seems to have submitted certain applications, the respondents are under obligation to pass some orders on these applications.

6.

We dispose of the writ petition by directing the respondents to pass appropriate orders on the applications filed by the petitioner in accordance with law and then to proceed for taking further steps for execution of the decree.

( Y. G. KHOBRAGADE, J.) (MANGESH S. PATIL, J.) mkd/- 1/1