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Bombay High CourtWP/4194/2019disposed off

Purushottam Arjun @ Arjunrao More And ORS v. State Of Maharashtra And ORS

2019-04-12Hon'Ble Shri Justice S.S. Shinde2 pages

13. WP-4194.19 Tandle

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4194 OF 2019 Purushottam Arjun @ Arjunrao More and Others ... Petitioners

Versus

State of Maharashtra & Ors.

... Respondents . . . . . .

Mr. Aniket P. Ranade, Advocate for Petitioner. None for the Respondents.

. . . . . .

CORAM : S. S. SHINDE, J.

DATE : 12TH APRIL, 2019 P. C. :

.

This petition is directed against the order passed by the learned Member of the Maharashtra Revenue Tribunal, Mumbai on 14th February 2019. It appears that the learned counsel appearing for the petitioners herein and also appears for the Applicants before the Maharashtra Revenue Tribunal. Learned counsel submits that, due to some difficulty he did not cause his appearance before the Maharashtra Revenue Tribunal on 14th February 2019. 2.

Upon perusal of impugned order, it appears that, the Maharashtra Revenue Tribunal has recalled the order of status-quo granted on 26th November 2018 in the light of statement made by one Mr.Abbas Ali on behalf of Respondent No.2 before MRT to the effect that 'respondents own create third party interest'. 1/2

13. WP-4194.19 3.

Be that as it may, the learned counsel appearing for the petitioners was not present before the Maharashtra Revenue Tribunal on 14th February 2019. Therefore, it may be open for the petitioners to approach the Maharashtra Revenue Tribunal, Mumbai for recalling the impugned order dated 14th February 2019 by way of filing appropriate application, however, after giving notice to the respondents. In case of filing such application, the Maharashtra Revenue Tribunal shall decide such application on its own merits and in accordance with law.

4.

In the light of the above, no interference is called for in the impugned order and the Writ Petition stands disposed of. (S. S. SHINDE, J.) 2/2