Abdul Hamid Mohd Yusuf v. Abdul Azam Mehatab Saheb Khoriwale Died Through Lrs. Tuide Abdul Azam Khoriwale And Others

1 CA968.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 968 OF 2016 IN WRIT PETITION NO. 7602 OF 2015 Abdul Hamid Mohd. Yusuf .. Applicant

Versus

Abdul Azam S/o Mahatab Sahab Khoriwale (Died) Through L.Rs., Tuide W/o Abdul Azam Khoriwale and Others.. Respondents Shri A. N. Nagargoje, Advocate for Applicant. Shri S. R. Syed h/f Shri B. R. Kedar, Advocate for Respondent Nos. 1 to 7.

CORAM : S. V. GANGAPURWALA AND A. M. BADAR, JJ.

DATE : 29TH JANUARY, 2016.

PER COURT :- 1.

The civil application is filed for recall of the order dated 06th January, 2016. According to Mr. Nagargoje, the learned counsel for the applicant, the writ petitioners did not point out to this Court the pendency of the Letters Patent Appeal where status quo is granted. The learned counsel submits that, even proceedings before the Maharashtra Revenue Tribunal are also pending. 2.

While disposing of writ petition No. 7602 of 2015, vide order dated 06th January, 2016, we have not issued any directions. We have only recorded the affidavit filed by the Tahsildar and had observed that, in case, there are no prohibitory orders of the Authorities or the Court then the respondent / Tahsildar is bound by the affidavit filed by him before this Court.

2 CA968.16 3.

While passing the said order precaution has been taken in respect of any prohibitory orders, if any, passed by the Court or the Authorities to be considered. We have not passed any blanket order nor had issued any other directions, however, have recorded affidavit filed by the Tahsildar.

4.

In view of that, the civil application is disposed of. [ A. M. BADAR, J. ] [ S. V. GANGAPURWALA, J. ] sam/Jan.16