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Bombay High CourtWP/4099/2019disposed off

Mr. Baban Shivram Kondhalkar (Since Decd.) Through Lrs. v. Mr. Parvati Sakharam Kondhalkar (Since Decd.) Through Lrs.

2019-04-01Hon'Ble Shri Justice S.S. Shinde2 pages

kvm 1/2 16-WP4099.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4099 OF 2019 Baban Shivram Kondhalkar, deceased, through its legal heirs & Ors.

..... Petitioners

VERSUS

Parvati Sakharam Kondhalkar, deceased through her legal heirs & Ors.

..... Respondents Mr.Ashok M.Misal for the Petitioners.

Mr.S.H.Kankal, A.G.P. for the Respondent nos. 8 to 10. CORAM :

S.S. SHINDE, J.

DATE :

1st APRIL, 2019 P.C.

This writ petition takes exception to the order passed by the SubDivisional Officer, Bhor on 11th December,2018, Pune in Appeal No. RTS/Appeal/237/2018.

2.

Admittedly, there is an alternate remedy provided in the Maharashtra Land Revenue Code, for challenging the impugned order. In that view of the matter, this court is not inclined to entertain this petition on merits. If the petitioners are advised, they may avail of an appropriate remedy as available under the Maharashtra Land Revenue Code. In case the petitioners decides to avail of an appropriate remedy, in that case and in case there is a delay, the concerned authority to keep in view the time spent by the petitioners in prosecuting the present petition.

kvm 2/2 16-WP4099.19 3.

In view of the above observations, writ petition is disposed of. 4.

It is made clear that this court has not expressed opinion on merits of the contentions raised in the petition. [S.S.SHINDE, J.]