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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.14 OF 2016
1] Santosh s/o Bhikaji Lokhande,
Age: Adult, Occ: Agriculturist.
2] Nimbaji s/o Bhikaji Lokhande,
Age: Adult, Occ: Agriculturist.
3] Atmaram s/o Bhikaji Lokhande,
Age: Adult, Occ: Agriculturist.
4]
Sahebrao Bhikaji Lokhande,
Age: Adult, Occ: Agriculturist.
All R/o Sao, Tq. & Dist. Buldana. ....... PETITIONERS
...V E R S U S...
1] Additional Commissioner,
Amravati Division, Amravati.
2] Shantabai w/o Eknath Jadhav,
Aged about 70 years,
Occ: Household, R/o Ambedkar Nagar,
Malkapur Road, Buldana.
3] Atmaram s/o Ranu Wankhede,
Age: Adult, Occ: Service,
R/o Behind Satyanaray Mandir,
Kaikadiura, Buldana,
Tq. & Dist. Buldana.
4. Sadashiv s/o Ranu Wankhede (Dead)
through his LRs.
4(a) Chandrabhagabai Sadashiv Wankhede
Aged about 50 years, Occ: Household.
4(b) Gopal s/o Sadashiv Wankhede,
Age: Adult, Occ: Labourer.
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4(c) Amol s/o Sadashiv Wankhede,
Age: Adult, Occ: Education.
Respondent No.4(a) to 4(c) residents
of Ward No.24, Buldana,
Tq. & Dist. Buldana.
4(d) Sau. Anita w/o Keshav Wakode,
Age: Adult, Occ: Household,
R/o Ward No.24, Buldana,
Tq. & Dist. Buldana.
4(e) Sau. Sunita w/o Satyabhan Salve,
Aged: Adult, Occ: Household,
R/o Behind Nilam Hotel,
Aurangabad.
4(f) Sangita Dattatraya Paithane,
Age: Adult, Occ: Household,
R/o Mantha Road, Amrai,
Jalna, Tq. & Dist. Jalna. ....... RESPONDENTS
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Mrs. V.P. Thakre, Advocate for Petitioners.
Ms. H.N. Jaipurkar, AGP for Respondent No.1.
Shri S.A. Mohta, Advocate for Respondent Nos.3, 4(a) to
4(f).
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CORAM: R.K. DESHPANDE, J.
th OCTOBER, 2016.
DATE: 4
ORAL JUDGMENT
1] Rule, made returnable forthwith. Heard finally by
consent of the learned counsels appearing for the parties.
2] In Regular Civil Suit No.49 of 1991 the petitioners ::: Uploaded on - 07/10/2016 ::: Downloaded on - 08/10/2016 00:37:43 ::: wp14.16.J.odt 3/5 were the original plaintiffs. Though the suit was dismissed on 30.04.2011, the trial court has held that the defendant No.1-Shantabai is entitled to get ¼th share, the plaintiff Nos.1 to 4 together are entitled to get ¼th share and the defendant Nos.2 and 3(A) to 3(F) together are entitled to get half share in the suit property. The operative order passed by the trial court is reproduced below:
ig O R D E R
1. The suit of plaintiff is dismissed.
2. The counter claim of the defendant no. 1 is hereby partly decreed.
3. The deft. no. 1 Shantabai is entitled to get ¼ share, plaintiff no. 1 to 4 together are entitled to get ¼ share and deft. no. 2 and 3(A) to 3(F) together are entitled to get ¼ share in the suit property.
4. The deft. no. 1 is entitled to get partition and separate possession of her ¼ share in the suit property by metes and bounds.
5. Other co-parceners are entitled to get their respective shares partitioned by metes and bounds subject to payment of requisite court fee.
6. The copy of decree be sent to Collector, Buldana for effecting partition as per section 54 of C.P.C. The collector or any gazetted officer appointed by the collector shall carry out partition as per procedure and hand over possession to parties of their respective shares.
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3] It is informed by the learned counsels appearing for
the parties that the aforesaid order has attained the finality and as a result of it, the decree for partition and separate possession has been passed and parties are put in possession of their respective share in terms of the aforesaid order. In view of this, the names of the plaintiff Nos.1 to 4 are required to be mutated in respect of ¼th share of which they are put in possession. The rest of the property shall be mutated in the name of the concerned parties in accordance with the aforesaid order. In view of this, the proceedings before the Additional Commissioner in Revision No.254/MRC-81/Sav/2014-15 pending on the file of Additional Commissioner, Amravati Division, Amravati do not survive and the parties to act upon, the aforesaid operative portion of the order passed by the trial court.
4] The petition stands disposed of.
JUDGE
NSN
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C E R T I F I C A T E
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