Masood Khan Rauf Khan v. Santosh Shesherao Shinde And Others

1 31-wp 5879-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5879 OF 2022 Masood Khan Rauf Khan .. Petitioner

Versus

Santosh Sahebrao Shinde and others .. Respondents Mr. G. R.Syed, Advocate for the Petitioner.

Smt. D. S. Jape, AGP for Respondent Nos. 2 and 3. CORAM : KISHORE C. SANT, J.

DATED : 27th JUNE, 2023.

P. C. :- .

In this petition, the petitioner has challenged the order passed by the Additional Divisional Commissioner, Aurangabad dated 25.08.2021 whereby, the revision bearing No. ROR/REV/487/2019 came to be rejected. The basic challenge is to the mutation entries taken in the name of respondents.

2.

Learned advocate for the petitioner informs that, in fact, the petitioner has also instituted a civil suit for injunction against the purchasers who have purchased the land from respondent No. 1 and also for declaration that the sale deed executed by respondent No. 1 is not binding upon the petitioner.

2 31-wp 5879-2022.odt 3.

Thus, this Court finds that, in view of this position the petition can conveniently be disposed off as the rights of the petitioner will be subject to outcome of RCS No. 29/2016 pending in the Court of learned C.J.J.D., Himayatnagar. Hence, the following order is passed. 4.

The writ petition stands disposed off.

5.

The rights of the parties would be subject to outcome of RCS No. 29/2016 pending before the learned C.J.J.D., Himayatnagar. ( KISHORE C. SANT, J. ) P.S.B.