Krishna Alias Kisan Rama Kale Thr ... vs Smt. Alka Bhagwan Kale And Ors
2023 Latest Caselaw 10170 Bom

2023:BHC-AS:29015
                                                                                    33-wp-3108-2023.doc


                       SA Pathan
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                              WRIT PETITION NO.3108 OF 2023


                       Krishna Alias Kisan Rama Kale
                       Through his Legal Representatives
                       Somnath Kisan Kale & Ors.                      ... Petitioners
                                   V/s.
                       Alka Bhagwan Kale & Ors                        ... Respondents
   SHABNOOR
   AYUB
   PATHAN

   Digitally signed
   by SHABNOOR
   AYUB PATHAN
   Date: 2023.10.04
   12:28:19 +0530



                       Mr. B. S. Nayak, for petitioners.
                       Mr. Sachin S Punde, for respondent Nos.2a to 2d & 3.



                                                       CORAM    : AMIT BORKAR, J.

                                                       DATED    : OCTOBER 3, 2023
                       P.C.:

1. Challenge in this writ petition is to the order passed by the Civil Court sending precepts under Section 54 of the Code of Civil Procedure, 1908 for partition of agricultural lands.

2. According to the petitioner, the Civil Court before passing the impugned order ought to have adjudicated objection under Section 47 of the Code of Civil Procedure, 1908. According to the petitioner, the application under Section 54 of the Code of Civil Procedure, 1908 is barred by limitation.

3. The nature of power exercised by the Civil Court while sending partition decree of agricultural land for partition before the Revenue Authorities is no longer res integra in view of

33-wp-3108-2023.doc

judgment of this Court in the case of Ramrathibai Shivnath Pardeshi vs Surajpal Bhulai Chaudhari and Ors, reported in 1996 2 MhLJ 40.

4. This Court held that in relation to agricultural lands, an application under Section 54 of the Code of Civil Procedure, 1908 could not be said to be an application for execution of decree. It is only a request to the Court to do ministerial act and it is not governed by Section 48 of the Code of Civil Procedure, 1908 as it stood prior to 1 January 1964 and Article 181 or 182 of the Limitation Act, 1963. Such an application for issuance of precepts to the Collector for partition of lands is neither barred by any period of limitation nor prohibited under any law. Therefore, there is no merit in the objections raised by the petitioner.

5. The writ petition is, therefore, dismissed. No costs.

(AMIT BORKAR, J.)