Kasturabai Pundlik Marathe Deceased Thr Lrs Vatsalabai Nimba Marathe v. The State Of Maharashtra And Others

1 921-WP-9102-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 WRIT PETITION NO.9102 OF 2022 KASTURABAI PUNDLIK MARATHE DECEASED THR LRS VATSALABAI NIMBA MARATHE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr Prakash G. Gunale AGP for Respondents/State : Mr S.B. Yawalkar CORAM : MANGESH S. PATIL AND S.G. CHAPALGAONKAR, JJ.

DATE : 01-02-2023 PER COURT :

1.

The petitioner, who is the decree holder of a partition suit is waiting for its execution in the light of Section 54 of the Code of Civil Procedure.

2.

It appears that the Tahsildar pursuant to the decree has taken some steps and contesting respondents have now preferred a revision under section 257 of the Maharashtra Land Revenue Code, 1966, which is pending before the learned Minister.

3.

On written instructions from the concerned Section Officer of the Revenue and Forest Department, the learned AGP submits that the revision would be decided in six months.

4.

Though the petitioner has been claiming some other reliefs regarding modification of the order passed by the Tahsildar in the process of execution, we are afraid, this Court in exercise of the writ jurisdiction under Article 226 of the Constitution of India cannot examine that aspect.

2 921-WP-9102-2022 The anxiety of the petitioner is appreciable in as much as they are waiting for the decree to be executed.

5.

We dispose of the writ petition. We request the learned Minister to decide the revision as expeditiously as possible and in any event, within a period of three months.

[ S.G. CHAPALGAONKAR, J. ] [ MANGESH S. PATIL, J. ] mta