Manjushri Rajendra Budhwant Through Registered Poa Manikrao Ganpatrao Budhwant And Another v. Pratiksha Sagar Budhwant And Others

1 WP / 2502 / 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 7 WRIT PETITION NO. 2502 OF 2022 MANJUSHRI RAJENDRA BUDHWANT THROUGH REGISTERED POA MANIKRAO GANPATRAO BUDHWANT AND ANOTHER

VERSUS

PRATIKSHA SAGAR BUDHWANT AND OTHERS ...

Advocate for Petitioners : Mr. Batule Nilkanth D. AGP for the respondent - State : Mr. S.N. Morampalle Advocate for the respondents no. 1, 2 and 4 : Mr. V.B. Jagtap ...

CORAM

: MANGESH S. PATIL, J.

DATE : 13 JUNE 2022 PC :

Heard learned advocate Mr. Batule for the petitioners, learned advocate for the respondents no. 1, 2 and 4 and learned AGP. 2.

The petitioners succeeded in obtaining order under section 5(2) of the Mamlatdars' Courts Act, 1906.

3.

The petitioners are aggrieved and dis-satisfied by the order passed by the learned Sub Divisional Officer in revision preferred by respondents no. 1, 2 and 4 herein whereby pending hearing and final disposal of the revision, the order of the Tahsildar has been stayed. Though the respondent no. 3 has not been served in the present petition, she is merely one of the respondents in the revision preferred by respondents no. 1, 2 and 4 herein and in that sense, this writ petition can be disposed of finally.

2 WP / 2502 / 2022 4.

Since only the interlocutory order passed in the revision which is a substantive proceeding, is under challenge, it would be appropriate that the writ petition is disposed of by directing the revisional authority to decide the revision within a stipulated time. 5.

Writ petition is disposed of with a direction to the learned Sub Divisional Officer to decide the revision in accordance with law within four weeks.

[ MANGESH S. PATIL ] JUDGE arp/