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Judgment
C.V. Bhadang, J
Heard. Rule, made returnable forthwith. The learned Additional Government Advocate waives service on behalf of the respondents. Heard finally
by consent of parties.
The challenge in this petition is to the impugned order/communication dated 20/12/2017 and 11/4/2018, issued by the learned Deputy Collector. By
the letter dated 20/12/2017, the Dy. Collector has asked the petitioner to submit Form No.I and XIV in original, site plan, survey plan and other title
documents, if any, in order to comply with the provisions of section 54 of C.P.C.. By the subsequent letter dated 11/4/2018, the learned Dy. Collector
has asked the petitioner to file an application for partition in prescribed form and to furnish the relevant documents.
The issue pertains to the partition of the suit property by metes and bounds in pursuance to the final decree dated 12/9/2017 passed by the learned
Senior Civil Judge, Panaji in Special Civil Suit No.40/2009/B. The Civil Court has sent a precept to the learned Dy. Collector for partition of the suit
property by metes and bounds, in pursuance of which the aforesaid two communications have been issued by the learned Dy. Collector.
Ms. Kamat, the learned Additional Government Advocate, on instructions, from Mr. Feroz Saiyed, Field Surveyor, who is present before the Court
states that it is not necessary for the petitioner to file a formal application or to furnish the documents as required. It is submitted that the Dy. Collector
shall decide the issue of partition in accordance with the order passed by the Civil Court. In view of the specific statement made, the impugned
orders/communication are hereby set aside. The learned Dy. Collector, Panaji shall decide the matter of partition of the suit property as per the decree
of the Civil Court as expeditiously as possible and in accordance with law. Rule is made absolute in the aforesaid terms with no order as to costs.