Dault Nimba Kale (Decd) Through Lrs v. Rambha Santu Kale (Decd) Through Lrs. And ORS

*1* 902.caw-2892.15.doc sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICTION NO.2892 OF 2015 IN WRIT PETITION NO.3650 OF 2015 Daulat Nimba Kale since dece-sed through LRs Smt. Kusumbai Daulat & Ors.

...Applicants V/s.

Rambha Santu Kale & Ors.

...Respondents

............

Mr. Vivek V. Salunke for the Applicants.

Ms. V. S. Nimbalkar, AGP, for the Respondent-State. ...........

CORAM : A. K. MENON, J.

DATE : 20TH OCTOBER, 2015.

P.C.:

This Civil Application is taken out in Writ Petition no.3650 of 2015 which was disposed of by order dated 28th April, 2015. 2] While disposing of the Writ Petition, this Court had directed that Revision Application filed by the present applicant/petitioner against the order dated 5th February, 2014 passed by the District Superintendent of Land Records, Nashik would be disposed of on or before 31st July, 2015. The petitioners were directed to appear before the Revenue Authority on 11th May, 2015 which they did. Unfortunately, as stated by the learned counsel for the petitioners, the records were not traceable and as such the petitioners were requested to submit an additional copy of the Revision

*2* 902.caw-2892.15.doc Application which the petitioners did. Although the petitioners provided additional copies of the Revision Application promptly on 11th May, 2015 itself, the petitioner has not received any communication about the hearing of the Revision Application from the DDLR, Nashik. Accordingly, the present application has been taken out. On behalf of the respondent nos.5 and 6 learned AGP submits that the Revision Application will be disposed of on or before 5th January, 2016 after giving sufficient opportunity to the petitioner to present his case. In the circumstances, this application can be disposed of by directing the Revisional Authority to dispose of the Revision Application as aforesaid before 5th January, 2016. In the meantime, the respondent no.4 is restrained from proceeding with notice bearing no.

Ekri/Kavi/394/Nashik/2014. If the order of the Revisional Authority is adverse to the petitioners interests, the same shall not be acted upon by the respondent no.4 for a period of two weeks from the date it is passed. Civil Application is disposed of. There will be no orders as to costs.

(A. K. MENON, J.) wadhwa