KISAN BHIKAJI DALVI Vs. KRISHNABAI MARUTI DALVI

JUDGEMENT

(1.) THE present respondent-Krishnabai had-filed Regular Civil Suit No. 37 of 1964 in the Court of the Civil Judge, Junior Division, Akola, District Ahmednagar, for partition and separate possession. The suit was dismissed by the trial Court. However, Krishnabai filed Regular Civil Appeal No. 237 of 1966 in the District Court, Ahmednagar, and the said appeal was allowed on 10-1-1968; and it was held that Krishnabai was having half share in the suit lands.

(2.) KRISHNABAI thereafter filed Regular Darkhast No. 9 of 1968. The case papers were then transmitted to the Collector, Ahmednagar, for effecting the partition of the agricultural lands, assessable to land revenue. The petitioner then raised objection that the decree was preliminary decree and it was not executable; and the case papers be called back from the Collector. Unless and until there is final decree, drawn as per the declaration made in the judgment of the Appellate Court, the decree cannot be put to execution. It was also contended that the consolidation scheme was made applicable to the village and, therefore, the Collector had no jurisdiction to effect the partition by metes and bounds.

(3.) HOWEVER, the learned Civil Judge, by his order dated 31-12-1990, rejected the said application. Hence, the present Civil Revision Application, challenging the said order.