Smt. Sunita Sharad Rade Through Their Constituted Attorney And ORS. v. Smt. Sulbha Subhash Lodha And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1181 OF 2018 IN WRIT PETITION NO.3896 OF 2018 Smt.Sulbha S. Lodha & Anr.

...Applicants

IN THE MATTER BETWEEN :

Smita S. Rade & Ors.

...Petitioners

V/s.

Smt.Sulbha S. Lodha & Ors.

...Respondents

Mr.Surel Shah i/b Mr.Chaitanya Nikte for the Respondent / Original Petitioners.

Mr.Drupad Patil for the Applicants / Original Respondent No.2. CORAM : R.D. DHANUKA, J.

DATE : 28TH JUNE, 2018.

P.C. :- 1.

The applicants have filed this civil application for clarification of the order dated 11th April, 2018 passed by this Court thereafter issuing various directions to the Maharashtra Revenue Tribunal. The Maharashtra Revenue Tribunal has passed an order on 5th May, 2018 framing two preliminary issues of maintainability of the revision application and about the locus-standi of the revision petitioner to the impugned order.

2.

This Court had directed the Maharashtra Revenue Tribunal 1/3

to decide the issue of maintainability of the revision application, including the locus-standi in filing the revision application in accordance with law and also to dispose of this revision application expeditiously and not more than six months from the date of the first meeting.

3.

Without going into the controversy about the interpretation of the order passed by this court, in my view the Maharashtra Revenue Tribunal can decide all the issues together including the preliminary issues already framed by the Maharashtra Revenue Tribunal by an order 5th May, 2018.

4.

Both the parties are directed to appear before the Maharashtra Revenue Tribunal on 7th July, 2018 when the Maharashtra Revenue Tribunal shall also frame the points for determination along with the preliminary issue already framed by the Maharashtra Revenue Tribunal on 5th May, 2018. The parties are directed to make submission before the Maharashtra Revenue Tribunal on all the issues at a time. The Maharashtra Revenue Tribunal will consider all the issues together and pass appropriate order in accordance with law as directed by this Court by an order dated 11th April, 2009 and within the time frame directed in the said order. None of the parties shall ask for any unnecessary adjournment before the Maharashtra Revenue Tribunal.

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5.

The civil application is disposed of in aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) 3/3