Tanaji Maruti Kurde And ORS. v. Shripati Balwant Ghorpade

Digitally signed by VARSHA VIJAY RAJGURU Date:

2024.05.13 10:41:46 +0530 VARSHA VIJAY RAJGURU 2-wp-4610-2019.doc varsha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4610 OF 2019 Tanaji Maruti Kurde and Ors ... Petitioners vs.

Shripati Balwant Ghorpade ... Respondent Mr. Drupad Patil a/w. B.G. Ligade, for Petitioners. Mr. Chetan Patil, for Respondent.

CORAM : GAURI GODSE, J.

DATED : 8th MAY 2024 P.C. :- 1.

Learned counsel for the petitioners on instructions seeks leave to withdraw the petition with liberty to adopt appropriate remedy under the Maharashtra Tenancy and Agricultural Lands Act, 1948 ('the Tenancy Act'). Leave granted with liberty as prayed. 2.

Needless to record that the observations and findings in the orders which are the subject matter of the present petition were restricted to the proceedings under the Maharashtra Land Revenue Code ('MLRC') and the rules framed thereunder. Hence, if any appropriate remedy is adopted under the Tenancy Act, the same Page no. 1 of 2

2-wp-4610-2019.doc shall be decided on its own merits in accordance with applicable laws, uninfluenced by the orders under MLRC.

3.

Hence, the rival contentions of all the parties on merits are kept open.

4.

Writ Petition is disposed of as withdrawn with liberty as recorded above.

(GAURI GODSE, J.) Page no. 2 of 2