AKBARSAHEB AMIRSAHEB KOKANI Vs. AKBARSAHEB AMIRSAHEB KOKANI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and, with the consent of the learned Counsel for the parties, heard finally.

(2.) The challenge in these petitions is to a common order dtd. 20/4/2026 passed by the Executing Court in Regular Darkhast No. 23 of 1981, whereby the applications filed by the legal representative of the decree holder, to recall an earlier order dtd. 21/1/2023 and restrain the parties from entering into and carrying out any construction activity on the suit premises till the partition is effected by the Collector, Nashik, came to be rejected on the premise that after sending the precept for execution, the Executing Court became functus officio.

(3.) Though the litigation has a chequered history, with multiple rounds of proceedings spanning over almost 60 years, yet, in the backdrop of the limited nature of the controversy, this Court considers it appropriate to summarise the bare minimum facts that are required to be noted for the determination of these petitions as under: