934.9606.2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9606 OF 2024 Hanumant Bajirao Sangale VERSUS Kashinath Bajirao Sangale And Others ... • Mr. M. B. Kolpe, Advocate for the Petitioner • Mr. N. D. Raje, AGP for Respondent No. 12 • Mr. S. P. Sonwane, Advocate for Respondent Nos. 1 to 6 • Mr. V. B. Deshmukh, Advocate for Respondent Nos. 7 to 11 ... CORAM : ROHIT W. JOSHI, J. DATE : AUGUST 06, 2025 O R D E R : 1. The present petition is filed taking exception to order dated 08.11.2023 passed by the Civil Judge Junior Division, Kalamb on an application dated 11.02.2023 filed by the petitioner and respondents, who are parties to the said suit for recording compromise in terms of settlement arrived at mutually. Perusal of order will demonstrate that the learned Trial Court has rejected the compromise deed on the ground that the partition as is proposed in terms of the compromise creates fragments. Jurisdiction to decide issue of any piece of land becoming a fragment is vested with Consolidation Officer under the provisions of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1946. In view of judgment of this Court in the matter of Geetabai Mahagulal Panchbudhe and Another Vs. Kailash Prakashchandra Makkad1, jurisdiction of Civil Court to decide the issue of fragmentation is barred. 1 2019 (1) AIR Bom R 538 komal kamble Page 1 2025:BHC-AUG:21284 934.9606.2024 2. In view of the above, the order dated 08.11.2023 is quashed. The learned Trial Court has recorded vide order dated 11.02.2023 that the parties had appeared and confirmed the fact of having entered into the settlement. 3. In view of the above, the learned Trial Court is directed to refer issue pertaining to fragment to the competent authority under the Prevention of Fragmentation Act and decide the matter after receiving the report from the said authority. The petition is partly allowed in the following terms : (a) Order dated 08.11.2023 passed by the learned Civil Judge Junior Division, Kalamb on application dated 11.02.2023 for passing compromise decree in Regular Civil Suit No. 1207 of 2022 is quashed and set aside. (b) Parties are directed to appear before the learned Trial Court on 25.08.2025. (c) Parties to note that separate notice/summons will not be issued for appearance. (d) The learned Trial Court is directed to refer the issue of fragmentation to concerned Consolidation Officer and decide the matter after receiving report from the said Officer. [ROHIT W. JOSHI, J.] komal kamble Page 2