MANGLA SHARAD MUTHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present proceedings have checkered history. The plaintiffs filed a suit for partition and separate possession of the suit properties in the year 1956. The suit was concluded within a period of one year and the decree was passed in the year 1957. The defendant nos. 7 and 8 in the suit filed appeal against the said decree before the Appellate Court. All the other parties to the suit accepted the decree of the trial Court. The Appellate Court proceedings concluded by its order on 2/5/1963 in First Appeal Nos. 78/1958 and First Appeal No.79/1958 and further amended order dtd. 24/9/1963.

(2.) However, the execution of the decree has been an endless process. The execution of the decree is obstructed by the subsequent purchasers of the suit property by raising multiple objections before the Collector in proceedings under Sec. 54 of the Civil Procedure Code and before the Civil Court and in the High Court and also the Hon'ble Supreme Court on various occasions and the decree holder is yet to secure fruits of the decree. Finally, the Hon'ble Supreme Court, by order dtd. 4/12/2023, directed conclusion of the entire execution proceedings within a period of two months and thus I have taken up for disposal the present Writ Petitions pending in this Court of all the objectors to the execution of the decree.

(3.) All 10 Writ Petitions pending, relates to the objections filed before the Collector executing the decree under Sec. 54 of the Civil Procedure Code and also before the Appellate Authority i.e. the Commissioner. The objectors are resisting the execution of the decree and have challenged the final chart prepared by the Collector for allocation of share of the respective parties to the suit property in terms of decree under Sec. 54 of the Civil Procedure Code.