High Court of Judicature at Bombay (Gauri Godse, J.), order dated 27 February 2026, in Second Appeals Nos. 946, 933 and 942 of 2015 with connected interim/civil applications. Three purchasers (Shri Sampat Kondaji Boraste, Shri Deoram Kondaji Boraste and Smt. Indira Suresh Patil) who bought undivided shares of the suit property from the heirs and legal representatives of the defendants during pendency of the first appeal against a partition decree (suit filed 1979; decreed 13 August 1986 granting 1/3rd share each to the plaintiff and two defendants; decree confirmed after the defendants' appeal was dismissed) had obstructed execution of the partition decree. Their obstruction applications - filed under Section 151 CPC and treated by the trial court as under Order XXI Rule 97 CPC - were rejected by the trial court, which nonetheless clarified that the purchasers' names be substituted in respect of the property allotted to their vendors' shares; the first appellate court confirmed the rejection and, disposing of the first appeals, clarified the purchasers' entitlement with reference to their sale deeds and the proposed scheme of partition suggested by the TILR. Deciding the second appeals, the court holds: (i) a purchaser of an undivided share pendente lite steps into the vendor's shoes and is entitled only to the undivided share allotted to the vendor in the proposed scheme of partition, and cannot claim possession of or allotment of a specific portion on the strength of the sale deed; (ii) the first appellate court's observations and clarifications contain no error; and (iii) the second appeals raise no substantial question of law - accordingly all three second appeals are dismissed. Separately, Civil Application No. 290 of 2020 seeking restoration of Second Appeal No. 942 of 2015 (dismissed for non-removal of office objections within the conditional time granted by the learned registrar) is allowed and the appeal restored (printed in the order as 'Second Appeal No. 942 of 2025'); all pending civil/interim applications are disposed of as infructuous.
