Mahavir Ganpati Girmal And ORS. v. Smt. Garuabai Ganpati Girmal And ORS.

(903) wpst-34919.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION STAMP NO.34919 OF 2016 Mahavir Ganpati Girmal and ors.

: Petitioners.

versus Smt. Gaurabai Ganpati Girmal and ors.

: Respondents.

Mr. G M Savagave for the Petitioners.

Mr. S D Rayrikar, AGP for the Respondent Nos.11 to 15. CORAM :

R. M. SAVANT, J.

DATE :

13th January 2017 P.C.

The only relief sought in the above Petition is, expeditious disposal of the Revision Application No.179 of 2016 filed by the Petitioners. The learned AGP appearing on behalf of the Respondent Nos.11 to 15 Shri S D Rayrikar states that the said Revision Application would be decided within three months from date.

Since the proceedings have arisen out of the execution of a decree for partition, in my view, it would be just and proper to issue the following directions :- A] The application for stay filed by the Petitioners would be considered by the Revisionary Authority within three weeks from date. lgc

(903) wpst-34919.16 B] The parties to appear before the Revisionary Authority i.e. the Additional Commissioner, Pune Division, Pune on 19/01/2017. The time to decide the said application would start to run from the said ate. The Petitioners may serve and intimate the other Respondents in the Revision before the said date. C] It would also be open for the Revisionary Authority to decide the Revision itself within three weeks. The Application for stay as well as the Revision Application would be decided on their own merits and in accordance with law.

D] Till 19/01/2017 the parties are directed to maintain status quo as on date. The Petitioners can apply for continuation of the stay before the Revisionary Authority.

E] Needless to state that the contentions of the parties are kept open for being urged before the Revisionary Authority. F] With the aforesaid directions the above Writ Petition is disposed of. G] Parties to act upon an ordinary copy of the instant order duly authenticated by the Court Associate/Sheristedar. [R.M.SAVANT, J] lgc