1 Wp no.4489/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4489 of 2010 Shamrao Ganpati Rasal ... Petitioner versus Vishnu Ganpati Rasal & Ors. ... Respondents ... Mr. Amit Sale for the petitioner. CORAM : D.G. KARNIK, J. DATED : 21st July 2010 P.C. 1. Preliminary decree was passed in the suit for partition. The property which was a subject matter of the suit was an agricultural land. Hence, the decree was required to sent to the Collector u/s.54 of the Code of Civil Procedure. 2. By the impugned order, the Court has directed the decree to be sent to the Collector. No error can be found in the order of the trial Court. The fact that the petitioner had filed a tenancy dispute would not prevent the Court from going behind the decree and therefore, the trial Court has rightly rejected the request of the petitioner not to send the decree to the Collector. There is no merit in the writ petition which is hereby rejected. (D.G. KARNIK,J.)