M/S . Ganesh Construction Through Its Partner Shri Ganesh Satish Patil v. Subhash Maruti Gholap, Decd Through Heir Kishore Subhqash Gholap And ORS

kvm 1/2 3-WP7424.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7424 OF 2018 M/s.Ganesh Construction ..... Petitioner

VERSUS

Subhash Maruti Gholap & Ors.

..... Respondents Mr.Sanjiv Sawant, a/w. Mr.Himanshu Kode for the Petitioner. Mr.Sudhir Sadavarte for the Respondent no. 1. Ms.Smita Mane for the Respondent no.3.

Ms.Aparna Vhatkar for the Respondent nos. 5, 11 and 12. CORAM :

R.D. DHANUKA, J.

DATE :

3rd SEPTEMBER, 2018 P.C.

By this writ petition filed under Article 227 of the Constitution of India, the petitioner has impugned the order dated 6th October,1997 passed by the learned Member (Judicial) Maharashtra Revenue Tribunal, Bench at Pune thereby admitting the revision application filed by the respondents.

2.

In my view this writ petition is not maintainable simplicitor against the order of admission of the said revision application filed by the respondents. However, certain observations are made by the learned Member (Judicial), Maharashtra Revenue Tribunal, Bench at Pune in the order dated 6th October,2017 while admitting the said revision application.

kvm 2/2 3-WP7424.18 3.

The learned Member (Judicial), Maharashtra Revenue Tribunal shall decide the said revision application finally on its own merits without being influenced by the observations made in the impugned order dated 6th October,2017.

4.

All the issues on merits of the order which is subject matter of the said revision application are kept open.

5.

Writ petition is dismissed with aforesaid clarification. No order as to costs.

[R.D. DHANUKA, J.] by Kanchan Vinod Mayekar Date:

2018.09.04 17:58:44 +0530 Kanchan Vinod Mayekar