R. K. Deshpande, J. - (1.)Rule made returnable forthwith. Heard Shri Bhangde, the learned Senior Counsel assisted by Shri V.V.Bhangde, for the petitioners, Shri Gordey, the learned Senior Counsel assisted by Smt. Raskar, for respondent No.1, Shri Patil, learned counsel for respondent no.2, Smt. Deshpande, the learned Assistant Govt. Pleader for Respondent Nos. 3, 4 & 5. Though respondent No. 6 is served, none appears for her. Hence, it is not necessary to issue fresh notice to respondent no.6 .
(2.)The Tahsildar, Hingna, has passed an order under Section 54 of C.P.C. effecting partition of the suit property on 14.09.2010. The partition was done pursuant to the judgment and decree passed in Special Civil Suit No.925/1998, dated 21 st November, 2006. Accordingly, the parties are put in possession of the property on 18.05.2011. The entries in 7/12 extract in respect of the property in question have also been taken in the name of the respective parties.
(3.)The respondent no.1, who claims to be the purchaser of the suit property, pending the decision of the suit, preferred an appeal under Section 247 of the Maharashtra Land Revenue Code (in short MLR Code). The Sub Divisional Officer, Nagpur, has decided the said appeal on 14 th June, 2011, setting aside the order dated 14.09.2010, passed by the Tahsildar, Hingna and directing 4 wp3426.11.odt remand of the matter to the Tahsildar for fresh enquiry and for passing order as per the provisions of law.