MP 1 WP3403_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3403 OF 2011 Mahiboob Gudubhai Shiledar ... Petitioner Versus Hanumantrao Nilappa Patil and others ... Respondents Mr. Surel S. Shah for Petitioner. CORAM : B.R. GAVAI, J. FRIDAY, MAY 06, 2011 P. C. : The petitioner challenges the order dated 21st March 2011 vide which the learned Executing Court has sent the decree to the Collector for effecting partition of the suit property. 2. Mr. Shah, the learned Counsel appearing on behalf of petitioner submits that insofar as that part of the decree which provided for partition and possession is concerned, the same is excluded by the judgment and decree passed by the Division Bench of this Court in L.P.A. 3. The contention is wholly without substance. Though the Division Bench of this Court in L.P.A. No. 74 of 1989 has deleted that part from the decree, it has been replaced with the subsequent part which provides that the plaintiff was entitled to get the sale-deeds executed with respect to 63.1/3 percent share from the defendant Nos. 1 and 2 on being considerations stated in that order. It further provides that after MP 2 WP3403_11 execution of the sale deed, the plaintiff shall become a co-sharer in the property in question and shall be entitled to proceed in accordance with law for possession and partition. 4. Mr. Shah, the learned Counsel does not dispute that the sale deeds are already executed by the Court Commissioner in favour of the plaintiff. However, the learned Counsel wants to construe that part of the decree as the court has meant to file a separate suit for possession. 5. The perusal of the entire paragraph would reveal that the contention is wholly without substance. The Court would not have meant only executing the sale deed without a further decree for possession and partition. The observations that the plaintiff shall become a co-sharer of the property in question and shall be entitled to proceed in accordance with law for possession and partition would squarely mean the proceedings for execution in accordance with the said decree. 6. No case is made out for interference. Rejected. (B.R. GAVAI, J)