Kruti Lalitkumar Jain And ANR v. Ranjana Shirish Sathe And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11696 OF 2019 Kruti Lalitkumar Jain and anr.

... Petitioners V/s.

Ranjana Shirish Sathe and ors.

... Respondents --- Mr.Prasad B.Kulkarni, Advocate for the Petitioners. Mr.A.R.Avachat, Advocate for Respondent No.1. Mr.A.B.Kadam, AGP for Respondent Nos.7 to 9. --- CORAM : UJJAL BHUYAN, J.

DATE : NOVEMBER 20, 2019.

P.C.:- 1.

Heard Mr.Prasad B. Kulkarni, learned counsel for the petitioners and Mr.A.R.Avachat, learned counsel for respondent No.1. Mr.A.B.Kadam, learned AGP appears for respondent Nos.7,8 and 9.

2.

Considering the limited nature of the grievance expressed by the petitioners and the order that is proposed to be passed, issuance of formal notice is considered not necessary, as the case can be decided at

this stage itself.

3.

The Mutation entry of the petitioners in respect of the land in question was cancelled by the Sub-Divisional Officer, Pune vide order dated 16th January, 2019. Against such order petitioners have preferred appeal before the Additional Collector, Pune, which has been registered as RTS Appeal No.873 of 2019. Alongwith the appeal petitioners preferred an application for stay. However, by the order dated 14th January, 2019, the appellate authority rejected the aforesaid prayer for stay. 4.

Aggrieved, present writ petition has been filed. 5.

There is a general consensus at the Bar that it would be in the interest of justice if a direction is issued to the appellate authority to finally hear and decide the appeal itself one way or the other.

6.

In view of the above, let the appellate authority i.e. respondent No.9 Additional Collector, Pune decide the

aforesaid appeal filed by the petitioners within a period of four months from the date of receipt of an authenticated copy of this order in accordance in law. During this period status-quo as on today as regards mutation entry and possession over the land in question shall be maintained.

7.

Writ Petition is disposed of.

(UJJAL BHUYAN, J.) ....