BHARATIYA SHIKSHAN PRASARAK SANSTHA Vs. COLLECTOR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, matter is taken up for final hearing at admission stage.

(2.) Petitioner who is the judgment debtor in Regular Darkhast No. 63/2000 presented by respondent No. 3/decree holder is raising challenge to order passed below Exh. 29 and 32 by the 5th Jt. Civil Judge, Jr. Dn., Majalgaon on 16-6-2007 whereby objection application tendered by petitioner came to be rejected.

(3.) Regular Civil Suit No. 124/84 was presented by respondent No. 3 claiming declaration, injunction and alternatively partition and separate possession of his l/6th share in the suit property. Suit property is plot out of Survey No. 375/3 situate within the limits of Majalgaon. Plaintiff/decree holder claims his entitlement to an area to the extent of 55 X 35 ft. Institution/petitioner herein is the purchaser of shares in larger area from other defendants. Defendant No. 1 represented the local school committee in his capacity as Secretary of Bharatiya Shikshan Prasarak Sanstha, Ambajogai. Suit presented by plaintiff after due contest was decreed and the trial Court declared that plaintiff to be entitled to have l/6th share in the suit property as described in para No. 1 of the plaint. It was also further declared that he is entitled for partition and separate possession of l/6th share and decree was directed to be sent to the Collector for execution in view of provisions of section 54 of the Code of Civil Procedure. Decree passed by the trial Court was subjected to challenge in First Appeal as well as Second Appeal by the defendant No. 1 / petitioner. First appeal as well as Second Appeal presented by the contesting defendant came to be dismissed and as such decree passed by the trial Court has attained finality. After decree was sent to the Collector for execution certain steps were taken by the revenue authority. Finding that steps are not being taken for execution of decree expeditiously, the decree holder/respondent No. 3 herein approached this Court by presenting Writ Petition No. 3380/06 putting forth his grievance and sought writ of mandamus directing the revenue authority to execute decree expeditiously. The Division Bench of this Court while disposing of writ petition has issued directions to the revenue authority/respondent therein to execute the decree as expeditiously as possible subject to the orders which would be passed in the pending Writ Petition bearing No. 4214/07 (i.e. the instant petition).