H T CHANDRASEKHARAPPA Vs. H R RAJA

JUDGEMENT

(1.) It is unfortunate that although the Suit for partition was filed in the year 1967 the plaintiff has not been able to secure possession of the share of the suit properties. We direct the Deputy Commissioner Chickmagalur Karnataka who is charged with the duty of partitioning the agricultural lands and putting the parties in possession of their shares under S. 54 of the Code of Civil Procedure, to effect the division of the properties according to the decree and to hand over the possession of the share of the petitioner to him within eight weeks from today. The parties shall appear before the Deputy Commissioner on 27/7/1987.

(2.) A copy of this order shall be dispatched to the Deputy Commissioner, Chickmagalur, Karnataka within two days. The question whether any compensation is payable under S. 51 of the Transfer a Property Act shall be considered by the court thereafter. The Deputy Commissioner shall submit his report of compliance with this order to this court on or before 21/09/1987.

(3.) The matter will be listed immediately after Dussehra Holidays.