YADAV SHIVRAM TIMADE Vs. RAMCHANDRA SHIVRAM TIMADE

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Rule. Taken up for hearing forthwith by consent of counsel for the parties.

(3.) The subject matter of the present petition concerns partition of the suit property between the parties to the suit. The main grievance of the petitioner, who holds 1/4th share in the suit property, is that the Court has straightaway passed a decree for division of the property by metes and bounds after demolishing the house constructed by the petitioner thereon, that is to say, without directing any inquiry contemplated under Rule 18 Sub Rule (2) of Order 20 of the Code of Civil Procedure. An application made to the Court by the petitioner for directing an inquiry under Sub Rule (2) of Rule 18 Order 20 was rejected by the Court.