Bombay High CourtWP/4851/1993disposed off

S.K.Patil Thr.D.D.Thakur Thr.P.A. Mr.A.D.Thakur. v. Mr Ganpat Mahadeo Patil.

2015-01-22Hon'Ble Shri Justice M.S. Sonak2 pages

skc 906-WP-4851-93

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4851 OF 1993 Smt. Sushilabai Kashinath Patil deceased through purchaser Smt. Damayanti w/o. Dadoba Thakur, deceased through LRs.

Harish Dadoba Thakur & Ors.

Petitioners vs.

Ganpat Mahadeo Patil, deceased by heirs Uday Ganpat Patil & Ors.

Respondents Mr. N. V. Walawalkar - Senior Advocate with Mr. K. N. Kore for Petitioners.

Mr. V. A. Gangal with Mr. A. J. Joshi for Respondent No. 1.1 to 1.8. CORAM : M. S. SONAK, J.

DATE: 22 JANUARY 2015 P.C. :- 1] The learned counsels for the parties fairly agree that the following orders impugned in this petition be set aside : (I) Order dated 31 March 1986 made by the Tahsildar, Palghar in Tenancy Case No. 3 of 1980;

(II) Judgment and order dated 24 November 1987 made by the Sub Divisional Officer, Dahanu;

(III) Judgment and order dated 11 September 1992 in Tenancy Revision Application No. 271 of 1989 passed by the Maharashtra Revenue Tribunal at Mumbai.

2] Accordingly all the aforesaid three judgments and orders are set aside.

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skc 906-WP-4851-93 3] The learned counsels for the parties further agree that the issue of respondents' claim for tenancy be decided afresh by the Tahsildar-ALT, Palghar, within some time bound schedule. 4] Accordingly, it is directed that the Tahsildar-ALT, Palghar shall decide afresh the issue of the original respondent's tenancy as expeditiously as possible and in any case within a period of nine months from today.

5] The Tahsildar-ALT, Palghar shall permit all the parties to lead fresh evidence in the matter, if they so desire. The Tahsildar-ALT, Palghar to decide such issue in accordance with law and on its own merits. All contentions of all parties are kept open. 6] Both parties to appear before the Tahsildar-ALT, Palghar on 5 March 2015 at 11 a.m. along with an authenticated copy of this order. The Tahsildar-ALT, Palghar shall, on this date, fix the further schedule of dates in the matter.

7] The Registry to transmit the records to the Tahsildar-ALT, Palghar, at the earliest and in any case on or before 1 March 2015. 8] The petition is disposed of.

9] All parties to act on an authenticated copy of this order. (M. S. SONAK, J.) Chandka 2/2