LAWS(BOM)-2001-2-114

ANNASAHEB RAJARAM NAGANE Vs. RAJARAM MARUTI NAGANE

Decided On February 21, 2001
ANNASAHEB RAJARAM NAGANE Appellant
V/S
RAJARAM MARUTI NAGANE Respondents

JUDGEMENT

(1.) THE crucial question for consideration is : Whether there is bar of limitation to the application being sent to the Collector in order that he may carry out direction given in a decree in the form set out in Order 20, Rule 18 (1) of Civil Procedure Code, 1908? factual MATRIX

(2.) FACTUAL matrix lies in narrow compass and it is this :

(3.) THE applicants/decree holders filed an execution application, being Regular Darkhast No. 19 of 1984, in the Court of Civil Judge, Junior Division, Jat for execution of the said decree. The learned executing Court, by the order dated 23rd April, 1984 directed that papers be sent to the Collector, Sangli for partition of the suit lands in pursuance of the decree. In spite of the said order, no action was taken by the office of the Court of the Civil Judge, Jat for sending necessary papers to the Collector, Sangli. Ultimately, by the fresh order dated 12th August, 1986, the executing Court redirected its office to send papers to the Collector, Sangli for effecting partition as per decree.