Shri. Bhimrao Kisan Chavan Throug Legal Heri And ORS v. Sou. Ranjan Popat Bhalerao And ORS

rkmore

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2287 OF 2018 IN WRIT PETITION NO.11943 OF 2018 Santosh Bhagwandas Zanwar & Others ..Applicants

IN THE MATTER BETWEEN

Bhimrao Kisan Chavan & Others ..Petitioners

Versus

Sau. Ranjana Popat Bhalerao & Others ..Respondents Mr.Nitin Deshpande, for the Applicants.

Mr.Drupad Patil alongwith Mr.Pawan Patil for the Original Petitioner. Amjith M.A. i/by Triyama Legal for Respondent Nos.1 to 4.

CORAM

: REVATI MOHITE DERE, J.

DATED : 29th OCTOBER 2018 P.C.:

.

Heard learned counsel for the parties.

1] It is not in dispute that the Petitioner's second appeal, being RTS Appeal No.982 of 2017 is pending before the learned Additional Collector, Pune. The Petitioner has approached this Court, by the aforesaid Petition as the learned Additional Collector had rejected the Petitioner's application for stay, pending the final disposal of the Appeal before the learned Additional Collector, Pune.

1/3

2] Mr.Deshpande, learned counsel for the Applicants has filed an intervention application in the aforesaid Writ Petition, for being impleaded as party Respondents . Learned Counsel for the Petitioners submits that the Petitioner will implead the interveners/applicants in the second RTS Appeal No.982 of 2017 filed by the Petitioner before the learned Additional Collector, Pune. Statement accepted.

3] This Court vide order dated 5th September 2018 issued notice to the Respondents and in the meantime directed the parties to maintain statusquo. 4] Considering the fact, that the second RTS Appeal No.982 of 2017 is pending before the learned Additional collector, it would not be proper to consider the aforesaid Petition on merits. Hence, the Petition is disposed off by passing the following order :

O R D E R

i] All the parties, including the interveners/applicants to appear before the learned Additional Collector,Pune on 2nd November, 2018 at 3.00 p.m., after which the learned Additional Collector, Pune will give dates convenient to him.

2/3

ii] The Petitioner to implead the interveners/applicants in RTS Appeal No.982 of 2017, as respondents.

iii] Learned Additional Collector, Pune to dispose off the RTS Appeal No.982 of 2017 as expeditiously as possible and in any event on or before 31st December 2018.

iv] All contentions of all parties are kept open. It is made clear that this Writ Petition has not been decided on merits. v] The status-quo order granted by this Court vide order dated 5th September 2018 to continue till disposal of the RTS Appeal No.982 of 2017. It is made clear that order granting status-quo shall not be construed as being an order in favour of the Petitioner. The learned Additional Collector, Pune shall decide the RTS Appeal No.982 of 2017 on its own merits, in accordance with law, uninfluenced by the status-quo order granted by this Court.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.) 3/3