Dasharath Raghunath Bhagat v. Shri. Suresh Anantrao Malap (Decd) Through Lrs

24-wp11114-15.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11114 OF 2015 Dasharath R. Bhagat

...Petitioner

V/s.

Suresh A. Malap & Ors.

...Respondents

Mr.A.S. Khandeparkar I/b Khandeparkar & Associates for the Petitioner.

Mr.A.M. Kulkarni I/b Mr.Samir Kumbhakoni for the Respondent Nos.1A, 1-C and 1-D. CORAM : R.D. DHANUKA, J.

DATE : 30TH AUGUST, 2018.

P.C. :- 1.

By consent of parties, the impugned order passed by the Maharashtra Revenue Tribunal dated 1st October, 2015 in Tenancy Revision Application No.339/B of 2011 is quashed and set aside. The impugned order passed by the Sub-Divisional Officer, Kankavli dated 24th August, 2011 in Tenancy Appeal No.33 of 2010 are restored before the Sub-Divisional Officer, Kankavli. 2.

Learned Sub-Divisional Officer shall decide the said appeal along with pending application, if any, on its own merit without being influenced by the observations made and the conclusion drawn in the impugned order passed by the appellate authority on 1st October, 2015 expeditiously.

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24-wp11114-15.doc 3.

Both the parties are directed to appear before the SubDivisional Officer, Kankavli on 26th September, 2018 at 11:00 a.m. If the time and date is not convenient to the learned Sub-Divisional Officer as aforesaid, learned Sub-Divisional Officer is directed to give the earliest convenient date to both the parties in advance. 4.

The writ petition is disposed of in aforesaid terms. There shall be no order as to costs.

(R.D. DHANUKA, J.) by Vasant Anandrao Idhol Date:

2018.09.01 15:02:49 +0530 Vasant Anandrao Idhol 2/2