SAU SINDHU MACHINDRA JAGTAP Vs. COLLECTOR

JUDGEMENT

(1.) RULE. Rule made returnable forth with. Heard finally by consent of the parties.

(2.) ONE Smt. Ashabai widow of the brother of the present petitioner had filed Regular Civil Suit no. 44/1992. In the said suit, the present petitioner was added as defendant No. 4. The learned Civil Judge, J. D. , Beed decreed the suit on 30. 06. 1995. In the said suit, it was declared that the defendant No. 4- present petitioner was entitled for 1/33th share in the agricultural lands.

(3.) IT is the contention of the petitioner that though a precept is sent to the respondent No. 1-Collector, Beed, for effecting partition, no steps are taken by the respondent No. 1- Collector, Beed. It is submitted that under Section 54 of the Code of Civil Procedure, 1908 the Collector is duty bound to act upon the said precept.