Laxman Yellappa Chittar Died Through Lrs Yellubai Laxman Chittar Died Through Lrs And Others v. Telgu Munnurwar Dnyanganga Trust Through Its Trustees Subhash Dattatraya Karle And Others

{1} 904-CA-6822-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6822 OF 2022 IN WRIT PETITION NO. 8038 OF 2013 LAXMAN YELLAPPA CHITTAR DIED THROUGH LRS YELLUBAI LAXMAN CHITTAR DIED THROUGH LRS AND OTHERS

VERSUS

TELGU MUNNURWAR DNYANGANGA TRUST THROUGH ITS TRUSTEESSUBHASH DATTATRAYA KARLE AND OTHERS ...

Advocate for Applicants : Ms. Manisha Dalave h/f. Talekar and Associates Advocate for Respondent Nos.5-C, 5-D, 6, 7-A to 7D and 7-F : Mr. Rohit Dhongade h/f. Mr. S.S. Kulkarni ....

CORAM : S.G. DIGE, J.

DATE : 6th October, 2022 ORDER :

.

Heard learned Counsel for applicants and learned Counsel for respondent Nos.5-C, 5-D, 6, 7-A to 7D and 7-F. 2.

Learned Counsel for applicants submits that, matter pertains to year 2013. Due to pendency of this Writ Petition applicants are deprived from their right to enjoy the property even after paying of occupancy price fied Pooja K.

{2} 904-CA-6822-2022 by the Competent Authority for protected tenants. Applicants are not able to cultivate the suit land. Hence, requested to allow application.

3.

Learned Counsel for respondents submits that, suit property is trust property and applicants have no right in the said property. In spite of that, applicants are interfering in the said property. Hence, requested to dismiss the application.

4.

I have heard both the learned Counsel. Matter pertains to year 2013, whether applicants have right in the said property or not can be decided after hearing both the parties. Hence, I pass the following order :-

ORDER

(a) Application is allowed.

(b) List the matter for fnal hearing on 5th December, 2022.

(c) The Civil Application is disposed of.

[S.G. DIGE, J.] Pooja K.