NEELAPPA GOUDA RAMANGOUDA PATIL Vs. KARIAYAPPA GOUDA

JUDGEMENT

(1.) THE short question involved in this case is where the remand made by the District Judge to the Civil Judge of a matter relating to execution of a partition decree was improperly made. The material facts are these :

(2.) IN a suit for partition, the plaintiff was declared to be entitled to a third share in the properties which framed the subject matter of the suit. When an execution application was presented for execution of that partition decree, the Civil Judge dismissed the execution application on the ground that the partition, if made, would create a fragment prohibited by the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947.

(3.) WHEN the matter went back to the executing Court, the papers were transmitted to the Collector so that there may be a partition of the properties under Section 54 of the Code of Civil Procedure. Such transmission became necessary since the lands are agricultural lands paying land revenue to the Government.