Bombay HC – Executing Court Powers to Grant Injunction Pending Partition by Collector
Executing Court Powers to Grant Injunction Pending Partition
Section 54 and Order XX Rule 18 CPC
Important Ruling on Powers of the Executing Court to consider the application for interim injunction and protection of lands where precept for partition is pending before the Collector for partition.
The core controversy that arises for consideration is, whether the Executing Court becomes functus officio for all intent and purpose once a precept is sent to the District Collector for effecting partition in respect of lands assessed to revenue?
On 5.5.2001, the Executing Court had sent the percept to the Collector for partition of the land assessed to revenue.
The application to recall the earlier order dated 21.1.2023 and to restrain the parties from entering and construction on the suit premises till partition, was rejected on the ground that the Executing Court has become functus officio.
If the question relates to preserving the subject matter of the decree, in the interregnum i.e. from the date of passing of the decree to the actual partition by the Collector, such question can be legitimately determined by the Civil Court.
Judgment dated 4.8.2026 of the High Court of Bombay in Writ Petition No.7588 of 2026 with connected writ petition of Akbarsaheb Amirsaheb Kokani through LR Jilani Vs. Akbarsaheb Amirsaheb Kokani through LR Aslam
