1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2908 OF 2010 Sampat s/o Bhau Diwate ..PETITIONER VERSUS Sonabai w/o Bhau Diwate & ors. ..RESPONDENTS Mr S.L. Bhapkar, Advocate for the petitioner; Mr K.G. Patil, A.G.P. for respondents. CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ DATE : 16th April, 2010 PER COURT : This writ petition is totally misconceived in law. By this petition under Article 226 of the Constitution of India the petitioner prays for directing respondent no.10 - Tahsildar, Parner, Taluka Parner, District Ahmednagar to decide the application dated 10.3.2008 filed in Partition Case No.489/2007 within eight weeks and till the decision of the application dated 10.3.2008 not to proceed for finalising the partition chart. The petitioner also prays for directing the Executing Court to take appropriate decision on the application dated 22.3.2010 filed by the petitioner in Special Darkhast No.46 of 2004 within eight weeks and till then further proceedings of execution be stayed. 2 2. The decree of partition has been forwarded to Tahsildar under section 54 of the Code of Civil Procedure. The Tahsildar has accordingly issued notices. The Tahsildar obviously does not have the jurisdiction to go behind the decree. The petitioner has adequate remedies in law for challenging the order of Tahsildar. the petitioner has already applied to the Executing Court. However, the Executing Court has fixed the application of the petitioner for some time in June, 2010. The petitioner may, if so advised, move the Executing Court for appropriate orders. In that light of the matter, the petition is summarily dismissed with no order as to costs. ( S.V. GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp2908.10