Civil procedure code 54 in partition suit
santosh Pawar
(Querist) 02 April 2014
This query is : Resolved
Sir,
My uncle has filed a partition suit in the hon’ civil court, Pune in 2004, as per compromise decree in hon’ Highcourt in the year 2000 , Bombay between my uncle and my father for our ancestral agriculture property in Pune. As per compromise decree it was agreed to give 1/4th share to my uncle and partition is to be carried out by mutual consent between my father and uncle through collector or its subordinates. My father expired in 2006 and till date we were not made party in the partition suit as legal heir of my father. Recently hon’ civil court passed order in partition suit and has sent letter to collector and tahsil office for execution of decree as per the civil procedure code 54 and we came to know about the letter from tahsil office.A 60 mtrs road passes from land and also 4 nos. of electricity high tension tower are erected on said land after the decree in 2000.
Sir, my question is, what is civil procedure code 54 and is it possible for us to object to partition, as land which is affected due the reservation has to be deducted before partition, otherwise we will suffer. Sir, please guide how to proceed in the above matter.
T. Kalaiselvan, Advocate
(Expert) 03 April 2014
as per section 54 of CPC, Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate, the partition of the estate or the separation of the share shall be made by the Collector or any gazetted subordinate of the Collector deputed by him in this behalf, in accordance with the law (if any) for the time being in force relating to the partition, or the separate possession shares, of such estates.
For removal of high tension electricity tower and the live wires passing through the the land, you have to file a mandatory injunction suit against the electricity board.
Biswanath Roy
(Expert) 11 April 2014
It appears from the statement of facts that your uncle filed a partition suit in the year 2004 following compromise decree of the Hon'ble High Court at Bombay made in the year 2000. Your father died in the year 2006 intestate probably and you as legal heirs of the ancestral estate were not substituted your names as parties thereof in place and stead of your deceased father in that suit. Now the suit has been decreed and executed accordingly but you found that a path way was constructed or made through your property as well as high tension electric wire also passed under your land. During the proceedings of the compromise suit before the High Court and thereafter during the proceedings of partition suit no authority can make pathway through the said land and also no authority can drawn up electric cable under the land without taking prior leave of the court and consent from owners. If any authority violate this legal obligation they shall have to pay damages and compensation to the owners of the land which is to be determined by the court of law. Besides if you claim your share in the demised property at first you shall have to establish your right , title and interest in the property in lieu of your deceased father.
