Shivaji Anant Shelke Since Dec Thr ... vs Babanrao Anant Shelke
2022 Latest Caselaw 11262 Bom

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      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CIVIL APPELLATE JURISDICTION
            WRIT PETITION NO.12707 OF 2022


Shivaji Anant Shelke
Since DEC. THR. His Legal Heirs                                    .....Petitioners
   V/s.
Babanrao Anant Shelke                                              ....Respondent

                                         -----

Mr. Bhushan Walimbe i/by Mr. Shashank P. Borade, Advocate for
the Petitioners.

                                  CORAM : SANDEEP K. SHINDE, J.

DATED : 21ST OCTOBER, 2022.

P.C. :

1. Leave to amend. Amendment to be carried out

forthwith.

2. Heard learned counsel for the Petitioners,

3. Perused the order dated 22nd December, 2016 in Final

Decree No.5 of 2013 passed by the 2 nd Joint Civil Judge, Junior

Division, Satara. Also perused an application dated 11 th April,

2016 filed in the Final Decree Application No.5 of 2013 by the

judgment debtors. By order in Final Decree No.5 of 2013,

executing Court directed to effect partition of the house

property as suggested by the Court Commissioner in report at

Exhibit 66. Apparently, partition suggested cannot be

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conveniently made and, therefore, Executing Court ought to

have taken recourse to the provisions of Section 2 read with

Section 3 of the Partition Act, 1893. In fact, application dated

11th April, 2016 filed by the judgment debtors suggest that

partition cannot be conveniently made. However, said

application has not been decided by the executing Court.

Therefore, in consideration of the nature of the property sought

to be partitioned, prima-facie, division of the same would not be

beneficial for all the shareholders. Therefore, till the next date,

possession warrant dated 16th August, 2022 issued, in pursuant

to the order dated 22 nd December, 2016 in Regular Darkhast

No.63 of 2020 by the learned Civil Judge, Senior Division, Satara

is stayed. List the Petition for further consideration on 25 th

November, 2022..

(SANDEEP K. SHINDE, J.)