1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5886 OF 2010 Kulsumbee w/o Allauddin Pathan Petitioner Versus Aabdul s/o Dadasaheb Sayyed, died through L.Rs. and others Respondents Mr.Sachin Deshmukh, advocate for the petitioner. Mr.S.S.Tope, advocate for Respondent No.2. Mr.S.V.Kurundkar, A.G.P. for Respondents No.9 to 11. CORAM: V.R. KINGAONKAR, J. DATE : 26 th July, 2010. P.C.: 1 Heard learned Counsel for the parties. 2 In the execution proceedings of partition decree, reference was made under Section 54 of the Civil Procedure Code for division of the lands by the Collector. The Collector proposed the partition, restricted to only land G. Nos. 400 and 401 leaving aside the other lands. Learned Divisional Commissioner remanded the matter to the Collector vide impugned order dated 21 st May, 2010, for the reason that as per the decree, all the lands are to be bifurcated. It appears that there are eight lands, which are enumerated in the schedule at internal page no.3 of the impugned order and page no.36 of the compilation. 3 The learned Counsel would submit that division of all the lands 2 is not necessary because some of the lands cannot be divided in view of the embargo as contemplated under Section 8 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947. 4 The learned Collector is free to decide which are partible lands and which cannot be divided due to any legal impediment, as such. The learned Collector may propose division of particular lands having regard to nature of the property and may also suggest the other mode of division like compensation, if other lands are not partible. He, of course, shall decide the questions on merits and shall ensure that the legal impediment is not overlooked while dividing the lands. The division shall be made within a period of four months. The parties shall appear before the learned Collector on 9 th August, 2010 and no delaying tactics shall be allowed. 4 Writ Petition stands disposed of. No costs. (V.R. KINGAONKAR) JUDGE ******* adb/wp588610