Gangadhar Pralhad More v. Sampat Trimbak Garud And Others

(1) 31wp3535.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 31 WRIT PETITION NO.3535 OF 2019 GANGADHAR PRALHAD MORE

VERSUS

SAMPAT TRIMBAK GARUD AND OTHERS Mr. S. N. Dudhate, Advocate for the petitioner Mrs. D. S. Jape, AGP for the respondents/State Mr. D. P. Palodkar, Advocate for the respondent Nos. 2 to 5 CORAM : KISHORE C. SANT, J.

DATE: 06th JULY, 2023 P. C.

1.

Heard the learned advocate for the parties.

2.

The suit bearing RCS No.161/2014 was filed between the parties. The suit came to be decided. Respondent No.1 in this petition thereafter filed Regular Civil Appeal No. 65/2020. Said appeal also came to be dismissed by the judgment and order dated 01-02-2022. Now the rights appears to have been decided by the civil court subject to filing of second appeal.

(2) 31wp3535.19 3.

The concern expressed by petitioner is that because this writ petition was pending, revenue authorities were not taking any entries.

4.

Now the civil court has already decided and decreed the suit and there is no propriety in keeping this petition pending. Needless to say that revenue authorities will take entries on the basis of orders and decrees passed by the civil court and further it is needless to say that same shall be subject to out come of the challenge if any raised to the judgment and order dated 01-02-2022 passed by the Adhoc District Judge, Aurangabad in RCA No. 65/2020.

5.

With this, writ petition stands disposed off. [KISHORE C. SANT, J.] VishalK/31wp3535.19