Hifatzatali S/O Abid Ali and Others v. Sharifbano Mohd. Arif and Others
Case brief
What is this about?
Bombay High Court, Nagpur Bench; Writ Petition No. 3051 of 2024; decided 05/04/2025 by Smt. M.S. Jawalkar, J. Execution objections by plot-purchasers under Order 21 Rule 97 r/w Section 47 CPC in Special Darkhast No. 53/2018 (application below Exh. 65; order below Exh. 116 dated 01/02/2025 also challenged) before Civil Judge, Senior Division, Akot; underlying suit Special Civil Suit No. 212/1995 for partition, decree restored on Second Appeal; grievance: objections rejected without consideration though purchased plots excluded from suit property (execution limited to 1 H 28½ R. less 15½ gunthas); issue of approach road to layout and open space; precept for partition kept in abeyance; directions to Collector; order dated 17/11/2021 quashed and set aside; matter remanded for fresh hearing. Counsel: V.A. Lohia (petitioners); V.P. Ghayal (respondents).
What did the court decide?
Petition allowed; order dated 17/11/2021 passed below Exh. 65 in Special Darkhast No. 53/2018 quashed and set aside; matter remitted to the learned Civil Judge, Senior Division, Akot for afresh hearing and consideration of the applicants' objections as per provision of law; sending of precept for partition kept in abeyance till the objections are decided; Executing Court may direct the Collector to decide the approach-road issue, and after deciding the objections is to issue the precept with, if required, necessary directions to the Collector on approach roads and open space if the layout is sanctioned.