Gouhar Fatema Arefoddin Dastgir Gpa Of Arefoddin Gulam Dastgir v. The State Of Maharashtra Through Its Secretary And Others

(1) 57-wp-7873-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7873 OF 2023 GOUHAR FATEMA AREFODDIN DASTGIR GPA OF AREFODDIN GULAM DASTGIR

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Ms. Sharada P. Chate, Advocate for the Petitioner. Mr. S. B. Yawalkar, AGP for Respondents-State. ...

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 10th JULY, 2023.

PER COURT:- 1.

The petitioner is a GPA holder, wife of one son of respondent no.5. Respondent no.6 is the second son of respondent no.5. The dispute is that respondent no.6 is illegally erecting a construction on the share of land of the husband of the present petitioner.

2.

A private dispute between two brothers with regard to the illegal construction is brought before this Court. The case has the trappings of the civil nature and the parties need to approach the Civil Court, subject to the law of limitation. 3.

In view of the above, this petition is disposed off. If the issue of limitation crops up, the time spent by the petitioner in this Court from 31.01.2023 till the passing of this order, would be considered as a ground for condonation of delay, besides other grounds.

(Y. G. KHOBRAGADE) (RAVINDRA V. GHUGE) JUDGE JUDGE Devendra/July-2023