Gujarat High Court
Property and Real Estate LawCivil Procedure and Evidence

Agricultural-land partition decrees must leave division by metes and bounds to revenue authorities under Section 54 CPC.

SURESHBHAI RAJSHIBHAI GOJIYA vs MAIBAI POLABHA NAYANI

Gujarat High CourtJUDGMENT: September 29, 20262 MIN READSOURCE JUDGMENT
Agricultural-land partition decrees must leave division by metes and bounds to revenue authorities under Section 54 CPC.. SURESHBHAI RAJSHIBHAI GOJIYA vs MAIBAI POLABHA NAYANI. Gujarat High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The parties to a suit for partition of agricultural land signed written compromise terms on 10 July 2026, identifying how the land would be divided, and asked the Trial Court to pass a consent decree.

Source reference: pp. 1–3

The Principal Senior Civil Judge, Dwarka, rejected their request by order dated 29 July 2026. The petitioner challenged that order under Article 227 of the Constitution; before the High Court, both sides supported the petition and requested that it be allowed

Source reference: pp. 1–3
02

Issues

Whether the Trial Court erred in refusing to record the parties’ written compromise and pass a consent decree partitioning the agricultural land

Source reference: pp. 2–4

Whether the parties could present a fresh compromise for the Trial Court’s consideration notwithstanding the impugned order

Source reference: pp. 4–5
03

Law Applied

Section 54 of the Code of Civil Procedure applies to partition of agricultural land: after determining the parties’ shares, the Court is required to send the decree to the revenue authorities for partition in metes and bounds

Source reference: p. 4

The Court also recognised that parties may agree to a settlement and present it to the Trial Court, which must examine the compromise and pass an appropriate order in accordance with law

Source reference: pp. 4–5
04

Reasoning

The High Court noted that the parties’ written terms earmarked and divided the agricultural land, but held that Section 54 requires the decree to be sent to the revenue authorities for partition in metes and bounds.

Source reference: pp. 3–5

On considering the impugned order, the Court found no error warranting interference under Article 227. It nevertheless clarified that the parties could present agreed terms providing for equal shares, and that the Trial Court should consider any such compromise without being influenced by its earlier order

Source reference: pp. 3–5
05

Holding

The Court declined to set aside the Trial Court’s order and dismissed the petition.

It did not direct that the existing compromise be recorded or a consent decree be passed. The parties were left free to submit a compromise for the Trial Court’s consideration, and the Trial Court was directed to examine it and pass an appropriate order in accordance with law

Source reference: pp. 4–5
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Code of Civil Procedure, 19081

Gujarat High Court

Original Court PDF

SURESHBHAI RAJSHIBHAI GOJIYAvsMAIBAI POLABHA NAYANI

Gujarat High Court · September 29, 2026

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