Jijabai Hari Agalawe And ORS. v. Sakhubai Padu Agalawe And ORS.

osk 23-wp-10157-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10157 OF 2018 Jijabai Hari Agalawe & Ors.

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Petitioners V/s.

Sakhubai Padu Agalwe & Ors.

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Respondents ----- Mr.Bhushan Walimbe for Petitioners.

Ms.Anusha Amin for Respondent No.1.

CORAM : A.S. GADKARI, J.

DATE : 26th July 2019.

P.C. :

1] The application preferred by the respondents for condonation of delay of about 6 years in challenging the Mutation Entry Nos.2109, 2132 and 2252 of Village Paebudruk, Taluka Panvel, District Raigad, pertaining to the suit lands, has been condoned by the SubDivisional Officer, Panvel Division, Panvel, in RTS Appeal No.215 of 2015 by its Order dated 05/03/2016.

The said Order has been confirmed by the Hon'ble Minister (Revenue), State of Maharashtra, by its Order dated 24/11/2017 in RTS-2816/P.K. 504/J-4A.

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osk 23-wp-10157-2018.odt 2] Both the Authorities below have taken into consideration the relations inter-se between the petitioners and the respondents and interest of justice in deciding the main appeal pending on the file of the Sub-Divisional Officer, Panvel Division, Panvel, while condoning the said delay.

3] As a matter of fact RTS Appeal No.215 of 2015 is pending for adjudication on the file of the Sub-Divisional Officer, Panvel Division, Panvel. After perusing the entire record, this Court is of the considered view that, both the Authorities below have not committed any error either in law or on facts while condoning the said delay of about 6 years in preferring the RTS Appeal No.215 of 2015 by the respondents before the concerned authority.

4] Petition being dehors of merits is accordingly rejected. [A.S. GADKARI, J.] 2/2