MAHADU NARAYAN PAWAR Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

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

(2.) By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioners are challenging the order passed by the Additional Commissioner, Nashik dated 31-5-2007 in Appeals filed by the various Respondents herein relating to the execution of the decree which decree is in favour of the petitioners abovenamed. The said Appeals were filed against the order of the Collector, Ahmednagar dated 25-8-2006 by which order the Collector had decided the manner in which the decree was to be executed.

(3.) The petitioners are the heirs of one Mahadu Narayan Pawar. The said Mahadu had purchased some lands from one Chotibee who was the plaintiff in Special Civil Suit No. 13 of 1956 which she had filed for partition and possession of agricultural lands bearing survey No. 46/2, 47/6, 48/6, 53/1B, 133/3, 52/1, 52/2, 131 and 50/4 situated at Chahurana Bk., taluka and district Ahmednagar and one house property. The said suit was filed against Chotibee against her mother Mamulabee and others. Pending the said suit, Chotibee sold her shares in the six lands bearing survey Nos.47/6, 48/6, 53/1B, 133/3, 52/1, 52/2 to the said Mahadu Narayan Pawar on 25-5-1957 and in pursuance of the said sale deed, Mahadu was impleaded as plaintiff No.2 in the said suit. The said Special Civil Suit No. 13 of 1956 was decreed and it was held that Chotibee has 7/8th share while Mamulabee has 1/8th share in the entire suit property.