JAYENDRA SAHDEO ABNAVE Vs. SOU. SUNITA VILAS MAHADIK

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties taken up for final hearing at the admission stage.

(2.) By this writ petition, the petitioner is challenging the order passed by the learned Adhoc District Judge, Shrirampur in Civil Misc. Application No. 5 of 2018.

(3.) Facts in nutshell are that respondent Nos. 1 and 2 had filed Regular Civil Suit No. 82 of 2009 for partition and separate possession which was decreed by Civil Judge, Senior Division, Shrirampur on 18/10/2013. Appeal was preferred against the said decree bearing Regular Civil Appeal No. 70 of 2013. The said appeal was decided on 27/6/2016 and shares of the respondent Nos. 1 and 2 came to be determined. Accordingly, Regular Darkhast No. 150 of 2013 was filed for executing the preliminary decree. The matter was referred to Collector for effecting partition. Possession is not yet delivered to the respondent Nos. 1 and 2.