Deepak Jayvant Mhetre And ORS. v. The Circle Officer, Yerwada Division And ORS.

29-wp-9888-2016 rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9888 OF 2016 WITH CIVIL APPLICATION NO. 879 OF 2017 Deepak Jayvant Mhetre & Ors.

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Petitioners vs.

The Circle Officer & Ors.

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Respondents.

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Mr R.A. Thorat, Senior Advocate, i/b Pandit Kasar for the Petitioners. Mr Manoj M Badgujar, for Applicant in Civil Application no. 879 of 2013.

Mr Manish M Pabale, AGP for the Respondent No.3. ..........

CORAM : A.S. OKA & A.K. MENON, JJ.

DATE : 13th APRIL, 2017 P.C.

1.

Heard learned Counsel for the petitioners. According to the case of the petitioner applications made by the petitioners [page nos. 341 and 342 - Exh-G] are still pending. The objection of the applicant in Civil Application No. 879 of 2017 is that no right is created on the basis of the Sale Deed in favour of the petitioner. 2.

In this petition under Article 226 of the Constitution of India issue of title cannot be gone into. Therefore, we dispose of the petition passing the following order :

29-wp-9888-2016 (a) We direct Tahsildar, Pune to decide the applications submitted in his office on 28th July, 2016 (page nos. 341 and 342) as expeditiously as possible and preferably within a period of 3 months from today;

(b) If applications are already decided, true copies of the orders passed on the applications be provided to the petitioners within a period of 3 weeks from today;

(c) We make it clear that we have made no adjudication on the rights of the claim by the petitioners in respect of the subject property and all the contention in that behalf are kept open; (d) Petition is disposed of in the above terms.

(e) Civil application is disposed of.

(A.K. MENON, J) (A.S. OKA, J)