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Bombay High CourtWP/6171/2018disposed off

Uddhav Maruti Pawar (Since Deceased) By His Legal Representative v. Alka Narayan Shah And ORS

2018-10-25Hon'Ble Shri Justice R.D. Dhanuka2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6171 OF 2018 Uddhav Maruti Pawar (since deceased) by his legal representatives ..... Petitioners

VERSUS

Smt.Alka Narayan Shah @ Sou.Alka Rajeshbhai Shah & Ors.

..... Respondents Mr.S.G.Deshmukh, i/b. Mr.R.M.Haridas for the Petitioner. Mr.Kishor Patil, i/b. Mr.Prasad P.Kulkarni for the Respondent nos. 1 to 3.

CORAM :

R.D. DHANUKA, J.

DATE :

25th OCTOBER, 2018 P.C.

The matter was argued at length. Mr.Patil, learned counsel for the respondent nos. 1, 2 and 3 who are the contesting parties on instruction states that his clients have no objection if the impugned order dated 9th March,2018 passed by the Maharashtra Revenue Tribunal, Pune in the Revision Application No. TNC/REV/SH/20/2002 is set aside and the said revision application is remanded back to the Maharashtra Revenue Tribunal for considering the said revision application afresh. Statement is accepted.

2.

The impugned order dated 9th March,2018 passed by the Maharashtra Revenue Tribunal is accordingly quashed and set aside. The said revision application is restored to file for consideration afresh after hearing both the parties and in accordance with law.

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The Maharashtra Revenue Tribunal shall decide the said matter afresh without being influenced by the observations made and conclusion drawn in the impugned order dated 9th March,2018 expeditiously.

4.

The Maharashtra Revenue Tribunal shall make an endevour to dispose of the said revision application within four months from the date of the communication of this order.

5.

It is made clear that this court has not expressed any views on the merits of the matter.

6.

Both the parties are directed to appear before the Maharashtra Revenue Tribunal on 21st November,2018 at 11.00 a.m. to enable the tribunal to fix the further dates of hearing. 7.

Writ petition is disposed of in the aforesaid terms. No order as to costs.

8.

Parties as well as the Maharashtra Revenue Tribunal to act on the authenticated copy of this order.

[R.D. DHANUKA, J.]