AIR 2008 (NOC) 55 (BOM.) = 2007 (6) AIR BOM R 278 ::2007 (6) AIR Bom R 278 ::2008 A I H C 90 ::(2007) 1 Mah LJ 68

Bombay High Court

Hon'ble Judge(s): S. B. Deshmukh , J

(A) Civil Procedure Code (5 of 1908) S. 54, O. 20, R. 18,; O. 21, R. 35— Maharashtra Land Revenue Code (41 of 1966), S 85 — Maharashtra Land Revenue (Partition of Holdings) Rules (1967), Rr 5, 6, 7 — Partition suit — Execution of decree — Issuance of warrant of possession — Decree passed was pertaining to agricultural lands — It is to be executed by Collector or his subordinate officer according to the provisions of S 85 of Maharashtra Land Revenue Code (1966) and Rr 5, 6, 7 of Maharashtra Land Revenue (Partition of Holdings) Rules (1967) — Civil Court after passing decree becomes defunct so far putting decree holder in actual physical possession of property — Provisions of O 21, R 35 do not apply in case of possession of agricultural land {" The partition of the agricultural lands, ultimately has to be effected by the Collector or his subordinate Gazetted Officer in accordance with the provisions laid down under S. 54, O. 20, R. 18(1) of CPC, S. 85 of the Code of 1966 and Rules of 1967. Provisions of O. 21, R. 35 would not apply in such case. Thus, the civil Court is determining the entitlement/shares of the parties to the suit property and execution of this decree putting the decree holder in actual and physical possession is the legal obligation cast upon the Collector and his subordinate officers. Ordinarily, civil Court after passing the decree becomes defunct so far putting the decree holders in actual and phys....