Shweta Sachin Bhansaali And ANR v. Amol Sayaji Wadekar And ORS

Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13566 OF 2023 Shweta Sachin Bhansaali & Ors.

...Petitioners

V/s.

Amol Sayaji Wadekar & Ors.

...Respondents

Mr. R. D. Soni i/b Ram & Co., for the Petitioners. Mr. Pravin V. Kamble, for Respondent No.1.

Mr. P. G. Sawant, AGP, for the Respondent-State. CORAM :

MADHAV J. JAMDAR, J.

DATED :

NOVEMBER 06, 2023 P.C.:

1.

Heard Mr. Soni, learned counsel appearing for the Petitioners, Mr. Kamble, learned counsel appearing for the Respondent No.1 and Mr. Sawant, learned AGP appearing for the Respondent-State.

2.

The impugned order in the present Writ Petition is the order dated 5th July 2023, passed by the Deputy Director of Land Records, Pune Region, Pune, by which the Deputy Director of Land Records refused to grant stay, in Appeal bearing Appeal SR/ 6028/2023.

3.

After arguing the matter for some time, learned counsels, appearing for the Petitioners and Respondent No.1 agreed that,

without prejudice to their rights and contentions, the Appeal which has been pending before the Deputy Director of Land Records be itself directed to be disposed of expeditiously and till that time stay be granted.

4.

In view of the said contention, Mr. Sawant, learned AGP sought instructions and states that within a period of four months, i.e., on or before 29th February 2024, the said Appeal SR/6028/2023 will be disposed of by the Respondent No.3. 5.

Till the disposal of the said Appeal by the Respondent No.3, ad-interim relief in terms of prayer clause (d) will operate. The said prayer clause (d) reads as under :

"d.

Pending the hearing and fnal disposal of Petition the implementation of the Order and Judgment dated 21st April 2023 passed by the District Superintendent of Land Records Pune in Appeal No.4951 of 2021 being Exhibit "H" be stayed and the same may not be acted upon."

6.

It is clarifed that, this Court has not considered the merits of the matter and all the contentions on merits are expressly kept open. It is also clarifed that this order is passed without prejudice to the rights and contentions of the parties. 7.

Mr. Soni, learned counsel appearing for the Petitioners states that, the order dated 5th July 2023 is also challenged in Revision Application which has been fled before the Hon'ble

Revenue Minister, and he further states that the said Revision Application will be withdrawn.

8.

The Writ Petition is disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.]