Bombay High Court
Santosh S/O. Bhikaji Lokhande And ... vs Additional Commissioner, ... on 4 October, 2016
Bench: Ravi K. Deshpande
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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
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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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