Maruti Tukaram Kadam And ORS. v. Vishnu Shankar Bondre And ORS.

DSS 910-wp-7803-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7803 OF 2015 Maruti T. Kadam and ors.

..Petitioners vs.

Vishnu S. Bondre and anr.

.. Respondents Mr. A.P. Kulkarni for the Petitioners.

Ms Priyanka Joshi i/b Mr. Rahul S. Kate for the Respondent No.1. CORAM :

M. S. SONAK, J.

DATE : 18 OCTOBER 2016.

P.C. :- 1] Ms Priyanka Joshi, learned counsel for respondent No.1, submits that the challenge in this petition is to the order dated 25 August 2011 made by the Sub-Divisional Officer, Baramati, SubDivision, Baramati, dismissing the petitioners' revision application against the Tahsildar's order dated 9 September 2010. She submits that the impugned order makes it clear that the Tahsildar's order dated 9 September 2010 was subject to final decision in Regular Civil Suit No. 183 of 2008. She further submits that in pursuance of the order dated 26 April 2011 made by this Court in Writ Petition No. 319 of 2010, Regular Civil Suit No. 183 of 2008 and the connected Regular Civil Suit No. 273 of 2010 have already been disposed of. Therefore, she submits that the present petition has been rendered infructuous.

1/2

DSS 910-wp-7803-15 2] Upon perusal of the impugned order, it does appear that the Tahsildar's order dated 9 September 2010, which was not interfered with by the impugned order was to abide by final decision in Regular Civil Suit No. 183 of 2008. Since, Regular Civil Suit No. 183 of 2008 has already been disposed of, the reliefs applied for in this petition, have been rendered infructuous as contended by Ms Priyanka Joshi. 3] This petition is therefore, dismissed. There shall however, be no order as to costs.

(M. S. SONAK, J.) dinesh 2/2