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Bombay High CourtWP/9275/2023disposed off

Dhananjay Madhavrao Vidhate v. The State Of Maharashtra Thru Principal Secretary And ORS

2023-10-17Hon'Ble Shri Justice Madhav J. Jamdar2 pages

44-WP-9275-2023.doc Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9275 OF 2023 Dhananjay Madhavrao Vidhate

...Petitioner

V/s.

The State of Maharashtra & Ors.

...Respondents

Mr. Abhijit Kulkarni (Through V.C.) a/w Mr. Chinmeay Patil i/b D. D. & Abhijit Associates, for the Petitioner. Mr. N. K. Rajpurohit, AGP, for the Respondent-State. CORAM :

MADHAV J. JAMDAR, J.

DATED :

OCTOBER 17, 2023 P.C.:

1.

Mr. Kulkarni, learned counsel appearing for the Petitioner after arguing for some time seeks withdrawal of the Writ Petition. 2.

Accordingly, the Writ Petition is allowed to be withdrawn and dismissed as such.

3.

However, as the impugned order is granting the deemed conveyance, as per the settled legal position the issue of title is not decided by the order granting deemed conveyance. 4.

Accordingly, it is clarified that the Petitioner can file the suit for establishing his title to the property which is subject matter of the deemed conveyance. However, it further clarified that all the

44-WP-9275-2023.doc contentions in that behalf of the contesting parties are expressly kept open including regarding limitation.

[MADHAV J. JAMDAR, J.]