Pandharinath Tukaram Nimbalkar Decd Thr His Legal Heirs And ORS v. Hanumant Shivram Mangde Decd Thr His Legal Heirs And ANR

34.wp.3107-21.doc PMB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3107 OF 2021 Pandharinath Tukaram Nimbalkar Deceased through L.Rs. & ors.

.. Petitioners vs.

Hanumant Shivram Mangde Deceased through L.Rs. & anr.

.. Respondents ----------------- Mr. Pramod Pawar for the Petitioners.

Mr. Kamalesh P. Mali for Respondents.

----------------- CORAM : M.S.KARNIK, J.

DATE : AUGUST 4, 2021 P.C.

Heard learned counsel for the parties.

2.

The order impugned in this Petition is passed by the Additional Divisional Commissioner, Pune Division, Pune rejecting the request made by the Petitioners for grant of stay to the order dated 31.03.2021 passed by the Additional Collector. Considering the nature of the controversy, interest of justice would be subserved if the Additional Divisional Commissioner, Pune is requested to decide the Revision itself expeditiously and preferably within a period of six weeks from 23.08.2021. Next date before the Commissioner, I am informed is 23.08.2021. The parties undertake to appear before the Additional Divisional Commissioner on 23.08.2021. On that date itself Additional Divisional Commissioner may hear the parties and decide the Revision or if not possible then

34.wp.3107-21.doc within the time stated hereinbefore. I am informed that pursuant to the order passed by the Additional Collector dated 31.03.2021 the mutation entry has already been efected.

3.

In this view of the matter, it is necessary to protect the Petitioner, in that the Respondents will not take any steps on the basis of the Mutation Entry No.4796 till the disposal of the Revision. 4.

All contentions on merits are kept open.

5.

The Writ Petition is disposed of.

(M.S.KARNIK, J.) Digitally signed by PRADNYA MAKARAND BHOGALE Date:

2021.08.04 17:09:11 +0530 PRADNYA MAKARAND BHOGALE