Vitthal Shankar Jadhav Since Dec His Legal Representatives v. Shantabai Bhagwan Rakshe Since Dec Thr Her Legal Representative

Neeta Sawant 1/2 911-WP-5347-2023.doc 5 October 2023.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5347 OF 2023 Vitthal Shankar Jadhav Since Decd. Through his legal representatives

...Petitioners

V/s.

Shantabai Bhagwan Rakshe, Since Decd. Through her legal represenatives ..Respondents --- Ms. Rachana Harpale h/f. Mr. Nitin Deshpande, for the Petitioners. Mr. C.D. Mali, AGP for the Respondent.

CORAM : SANDEEP V. MARNE, J.

Dated : 5 October 2023.

P.C. :

1.

Heard learned counsel for the Petitioners.

2.

By order dated 12 October 2022, the Additional Collector, Pune rejected the application for stay granted by the SubDivisional Officer, Pune to the order of Tehsildar, Pune during pendency of Appeal before the Additional Collector. Considering

Neeta Sawant 2/2 911-WP-5347-2023.doc 5 October 2023.

the fact that the stay was rejected on 12 October 2022, instead of determining the correctness of that order, it would be appropriate if the Appeal itself is taken up for hearing by the Additional Collector, Pune. The Writ Petition is accordingly disposed of with a direction to the Additional Collector, Pune to decide the Appeal filed by the Petitioners as expeditiously as possible preferably within a period of six months from today.

Digitally signed by NEETA SHAILESH SAWANT Date:

2023.10.07 11:14:47 +0530 SANDEEP V. MARNE, J.

NEETA SHAILESH SAWANT