Bharat Dattatrey Chalke And ORS v. Smt Sindhubai Baliram Chavan And ORS

16 A.WP.3641.21.doc S.S.Kilaje IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL CIVIL APPELLATE APPELLATE JURISDICTION JURISDICTION WRIT PETITION NO. 3641 OF 2021 WITH INTERIM APPLICATION NO. 1791 OF 2021 Bharat Dattatrey Chalke and Ors.

.. Petitioners

Versus

Sindhubai Baliram Chavan and Ors.

..Respondents ....................

 Mr. Kaustubh Patil i/by P.D.Gandhy & Associates for Petitioners  Mr. Harshad M. Inamdar for Respondent No.1  Mr. Shahzad Khajotia i/by Ms. Preeti Gada for Respondent No.2  Mrs. V. S. Nimbalkar, AGP for State - Respondent No.4 ...................

CORAM :MILIND N. JADHAV, J.

DATE :JANUARY 20, 2023.

P.C.

:

1. Heard learned Advocates for the respective parties for some time.

2. Perused the impugned order dated 06.07.2021 passed in Revision Proceedings i.e. R.T.S. No.2820/P.K.304/J-4A under Section 257 of the Maharashtra Land Revenue Code, 1966 ("M.L.R.C.") against the order dated 07.10.2020 passed by the Divisional Commissioner, Konkan Division, Mumbai which has been set aside and the Revision proceedings have been allowed.

3. Admittedly, the dispute between the parties before the Statutory Authorities is with respect to mutation of the suit properties which are mentioned in paragraph No.3 of the plaint and more specifically page Corrected/modified as per Speaking to Minutes of order dated 30.01.2023 1 of 2

16 A.WP.3641.21.doc No. 154 of the Writ Petition which are claimed by both the parties.

4. Admittedly, both the learned Advocates are ad-idem that the Special Civil Suit No. 207 of 2019 filed by Respondent No.1 against the Petitioners seeking declaration and partition in respect of the suit properties would determine the rights of the respective parties.

5. In view of the above, parties are directed to maintain status-quo in respect of the suit properties as on date and no orders are passed in so far as the impugned order passed by the State in Statutory proceedings pertaining to mutation entries is concerned. It is stayed and it shall be subject to the outcome of the suit proceedings.

6. The learned Trial Court is directed to dispose of the Special Civil Suit No. 207 of 2019 as expeditiously as possible.

7. With the above directions, Writ Petition is disposed. [ MILIND N. JADHAV, J. ] SONALI SATISH KILAJE by SONALI SATISH KILAJE Date:

2023.01.31 09:49:57 +0530 Corrected/modified as per Speaking to Minutes of order dated 30.01.2023 2 of 2