Vinayak Bhaguram Dhormare Through Omkar Vinayak Dhormare v. The State Of Maharashtra Through Tahsildar Ausa And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 WRIT PETITION NO. 14635 OF 2025 Vinayak Bhaguram Dhormare Through Omkar Vinayak Dhormare

VERSUS

The State Of Maharashtra Through Tahsildar Ausa And Others ...

Mr. A. M. Phule - AGP for State ...

CORAM : SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.

DATED : 21ST JANUARY, 2026 PER COURT : - 1.

The learned Advocate for the Petitioner is absent. 2.

By this Petition, the Petitioner seeks expedition of the proceedings before the learned Civil Judge, Junior Division, Ausa, District Latur, in respect of Regular Darkhast No. 57 of 2005, arising out of the decree passed in R.C.S. No. 57 of 2004. 3.

We have perused the decree. The said suit was for partition and separate possession, and it appears that, in view of the determination of the share of the Petitioner, the precit has been sent to the Collector for its execution. We expect that the Tahsildar before whom the proceedings are pending will take further proceedings as per law and, after separating the share of the Petitioner, the possession of

2 936wp14635.2025.odt the land will be handed over to the Petitioner as early as possible. If the proceedings in the nature of Regular Darkhast No. 57 of 2005 are still pending before the Civil Judge, Junior Division, Ausa, then the concerned Court to direct the Tahsildar to complete the execution. In fact, in view of the decision in Abdul Rejak Laskar Vs. Mafizur Rahman and others, 2024 INSC 1023, the matter will not remain with the Executing Court, but it is then for the Revenue Authorities to take up the further proceedings and, therefore, with a direction to Respondent No. 1 to expedite the matter, we dispose of the Writ Petition, and it is not necessary to issue notice to the other Respondents. [HITEN S. VENEGAVKAR] [SMT. VIBHA KANKANWADI] JUDGE JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 27/01/2026 11:24:17