PIRAJI RAKHMAJI DHOBALE Vs. BABAN DADABHAU DHOBALE

JUDGEMENT

(1.) Rule made returnable forthwith. The learned counsel for the Respondents waive service. By consent of parties, petition is heard finally.

(2.) The challenge in this petition, is to the order dtd. 19/7/2017 passed by the learned Additional Commissioner, Pune Division, Pune in RTS (Revision) No. 249 of 2016. By the impugned order, the learned Additional Commissioner has confirmed the order dtd. 30/5/2016 passed by the Additional Collector, Pune in RTS Appeal No. 101 of 2013 and the order dtd. 28/1/2013 passed by the learned Sub-Divisional Officer (SDO) in RTS Appeal No. 25 of 2013.

(3.) The brief facts are that the Petitioners (Plaintiffs) had filed a suit being RCS No. 145 of 1989 against the Respondents for partition/separate possession and injunction etc. before the learned Civil Judge, Junior Division at Ghodegaon, District Pune. The Trial Court decreed the suit by a Judgment and Decree dtd. 30/12/1996 declaring that the Petitioners were having 1/2 share in the suit property and directing the partition of the share by metes and bounds. Certain other reliefs of injunction etc. were also granted. The Respondents (original defendants) feeling aggrieved, challenged the said decree in Civil Appeal No. 463 of 1997. The learned District judge at Pune dismissed the Appeal on 2/5/2001 which was carried by the Respondents (original defendants) before this Court in Second Appeal No. 442 of 2005. This Court by an order dtd. 19/12/2007 has dismissed the Second Appeal, which has not been carried any further. Thus, the decree for partition has attained finality.