The petition filed by the petitioners is allowed in respect of suit item No.4 to 6
agricultural lands only. The petitioner is allotted the portion No.A shown in the
sketch of the commissioner&#039s report in each of suit item no.4 to 6
respectively. The petitioner is entitled to obtain the separate possession of the
said portion No.A property as his share, through the process of the court, in
accordance with law. The allotment of other portions is kept open for
consideration as and when the respective sharers apply in that behalf by filing
separate petitions for final decree of their respect&#039 shares. The
report of the court commissioner/ADLR shall form part of the final decree and
shall be preserved permanently alongwith the decree. The prayer of the petitioner
for allotment of separate share in the remaining suit schedule properties is kept
open for consideration in a fresh final decree proceedings, as it requires
complicated procedure of either inter-party or public auction of the said
properties, as the report of the commissioner suggesting the manner of division is
not feasible to be granted in this proceedings. Liberty to file fresh final decree
proceedings in respect of suit item No.1 to 3, 8 and 10 properties is kept open to
the petitioner. Draw final decree accordingly.
A.Dear Sir,
It is premature to advise if you do not share all the relevant documents that is pleadings and judgment and decree.
Contact through the administrators of this website.
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Jagannath S Pawar
Responded 4 years ago
A.What is your question. Documents need to be seen for fair and substantial advice. Properties are auctioned to satisfy the decree if division of the property is not possible or feasible. However some contentions remain open always as per the parties to the suit
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False civil case to prevent sale of the property
