Bombay High CourtWP/3505/2018disposed offdismissed for default

Tarabai Ganpat Gahire And Another v. Prabhakar Hari Kahar Parsaiyya And Others

2018-09-03Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3505 OF 2018 TARABAI GANPAT GAHIRE AND ANOTHER

VERSUS

PRABHAKAR HARI KAHAR PARSAIYYA AND OTHERS ...

Advocate for the Petitioners : Shri Y.D.Kale h/f Shri Karpe Rahul R.. Advocate for Respondents 1 to 6 : Shri V.S.Bedre. AGP for Respondents 7 to 9 : Shri S.R.Yadav.

...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 03rd September, 2018 Per Court:

After the litigating sides were heard by this Court (Coram : V.K.Jadhav, J.) on 25.06.2018, the learned Advocate for the Petitioners had sought time to go through the judgment of the Honourable Supreme Court in the matter of Gurudassing Nawoosing Panjwani vs. State of Maharashtra and others, 2015 (6) Mh.L.J. 915. The matter was, thereafter, adjourned on three occasions.

Considering the law laid down by the Honourable Supreme Court in Gurudassing Nawoosing Panjwani (supra) and the order of this Court dated 28.04.2016 in Writ Petition No.9045/2012 (Narayan Haribhau Munjal and another vs. Dyandeo Sahadu Munjal), this Writ Petition is disposed of with the following directions :-

*2* 2wp3505o18 (a) The Petitioners are at liberty to lodge their second revision under Section 257 of the Maharashtra Land Revenue Code on or before 05.10.2018 before the Revisional Authority. (b) If such a revision is preferred within the above time frame, the ad-interim relief granted by this Court on 24.04.2018 shall continue till 20.11.2018, during which period, the Petitioners would be at liberty to move their application for interim relief and such an application shall be considered by the Revisional Authority on it's own merits and without being influenced by the earlier orders passed by this Court. kps (RAVINDRA V. GHUGE, J.)