Hari Manohar Autee vs Fakirchand Eknath Salve Died Through ... on 16 March, 2017
The learned Civil Judge
has not considered in its entirety the judgment rendered in
the case of Arun Vs. Atmaram. It was a case where the suit
was for partition and separate possession and, therefore, the
provisions of Section 54 was applicable. This is a case
wherein the issue of partition and separate possession was
never involved and the suit was only for delivery of possession
::: Uploaded on - 17/03/2017 ::: Downloaded on - 18/03/2017 01:06:11 :::
Writ Petition No.10660/2015
4
of the immovable property to which the provisions of Order 21
Rule 35 of the Civil Procedure Code applies. Therefore, it is to
be stated that the impugned order is passed upon
misconception of facts and law and, therefore, it deserves to
be quashed and set aside.