AIR 2001 BOMBAY 303 ::2001 (6) BomCR 872 ::2001 (3) Mah LJ 53

Bombay High Court

Hon'ble Judge(s): V. C. Daga , J

(A) Civil P.C. (5 of 1908) , S.54, O.20 R.18— Partition decree - Oua land assessed to revenue - Application to Court to send decree and papers to Collector to carry out partition - Is not an application in execution - Limitation Act does not apply to such application - General directions in matter of sending decree for partition to Collector issued to Civil Courts. Limitation Act (36 of 1963) , Art.136— As regards property assessed to payment of revenue to the Govt., after a partition decree declaring shares of the parties in the suit property is passed, all further proceedings are required to be taken before the Collector or any gazetted officer subordinate to him, to whom the powers is delegated by the Collector as per S. 54 read with O. 20, R. 18 of C. P. C. When matter goes before the Collector, he has to pass final decree by coming to the conclusion, how the land should be partitioned between the parties and then he has to execute the decree actually by putting the parties in possession of the respective portion allotted to them. The civil Court has no say in the matter as to how the land is to be partitioned between the parties, so as to say, for preparing final decree. So, it is obligatory on the part of the civil Court to transfer papers to the Collector for effecting partition as per declaration made in the judgment. All further proce....