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Bombay High CourtWP/2720/2022dismissed

Kailas Jagannath Bare And Others v. Satish Madhavrao Jadhav And Others

2022-02-23Hon'Ble Shri Justice N. B. Suryawanshi1 pages

1 2-WP-2720-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2720 OF 2022 SHRI KAILAS JAGANNATH BARE AND OTHERS

VERSUS

SHRI SATISH MADHAVRAO JADHAV AND OTHERS ...

Advocate for the Petitioners : Mr. Sanket S. Kulkarni ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 23rd FEBRUARY, 2022 PER COURT :

1.

The challenge raised by the petitioners is to the order dated 15-02-2022, passed by the Sub-Divisional Officer, Shirdi, in Revision No.33/2022, thereby refusing stay to the petitioners. 2.

The petitioners have challenged the order passed by the Tahsildar, Kopargaon, in favour of the respondents under Section 5(2) of the Mamlatdars' Courts Act, 1906. Perusal of the order of the Tahsildar shows that the Tahsildar has passed the order after going through record and considering the site inspection report. The Sub-Divisional Officer has rightly come to the conclusion that no case for stay is made out by the petitioners. No illegality or perversity is found in the order impugned in the present petition. The writ petition being devoid of merits is dismissed.

3.

The Sub-Divisional Officer, Shirdi, shall expeditiously decide the revision application filed by the petitioners, in any case within a period of two months from today.

(NITIN B. SURYAWANSHI, J.) SVH