Disposed

Smt. Anjanabai Balkrushna Chaughule Thou Poa Son Vilas Balkrushna Chaughule v. Ganpat Babu Badar and Ors.

Bombay HC11 Dec 2023WP/4675/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition and interim application seeking expedited execution of a partition decree. The court directed the respondents to deliver possession of suit properties within eight weeks in accordance with the decree and the boundaries in the plaint.

What did the court decide?

Directing respondents to deliver possession of suit properties as per decree and plaint boundaries within eight weeks.

Smt. Anjanabai Balkrushna Chaughule Thou Poa Son Vilas Balkrushna… — Partition | Bombay HC (2023)

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35-wp4675-2022.doc

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VRJ

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.4675 OF 2022

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VAIBHAV RAMESH JADHAV Digitally signed byVAIBHAV RAMESH JADHAV Date: 2023.12.11 17:56:34 +0530

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Anjanabai Balkrushna Chaughule … Petitioner V/s. Ganpat Babu Badar & Ors. … Respondents

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WITH

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INTERIM APPLICATION NO.1775 OF 2023 IN WRIT PETITION NO.4675 OF 2022

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The Tahsildar, Shirur, District Pune … Petitioner In the matter between Anjanabai Balkrushna Chaughule ... Petitioner V/s. Ganpat Babu Badar & Ors. … Respondents

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Mr. Bharat Gadhavi with Mr. Chinmay Deshpande i/by Mr. Tejas Dande & Associates for the petitioner.

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Mr. P. G. Sawant, AGP for the respondent/State.

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CORAM : AMIT BORKAR, J. DATED : DECEMBER 11, 2023

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P.C.:

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INTERIM APPLICATION NO.1775 OF 2023

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Since the order is passed by Hon’ble Justice Milind N. Jadhav who is available at principal seat, office to place interim application before the same Court.

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35-wp4675-2022.doc

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WRIT PETITION NO.4675 OF 2022

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The petitioner is seeking direction against the respondents for expeditious execution of decree for partition passed in Regular Civil Suit No.177 of 1980.

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The respondents have filed an affidavit annexing communication dated 8^th February 2023, which indicates that the area of Gat No.63 shown in 7/12 extract is 0.51H.R; however, actual area in respondents’ possession is 0.39H.R. Therefore, it is necessary to get the revenue record correct. The suit for partition and separate possession, the description of the suit property described as per boundaries needs to be taken into consideration.

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It is, therefore, necessary for executing officer to taking into consideration boundaries described in the plaint and to deliver possession of the area surrounded by boundaries described in the plaint. Therefore, the respondents shall pass an appropriate order delivering possession of suit properties as per decree passed in Regular Civil Suit No.177 of 1980 within eight weeks from today.

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The writ petition stands disposed of. No costs.

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(AMIT BORKAR, J.)

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Smt. Anjanabai Balkrushna Chaughule Thou Poa Son Vilas Balkrushna Chaughule v. Ganpat Babu Badar and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Anjanabai Balkrushna Chaughule Thou Poa Son Vilas Balkrushna Chaughule v. Ganpat Babu Badar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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