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Bombay High CourtWP/9100/2021disposed off

Sushilabai Ishwarappa Gavkare And Another v. Shivappa Narsingappa Gavkare Deceased Thr Lrs Jayraj Shivappa Gavkare And Others

2022-08-03Hon'Ble Shri Justice N. B. Suryawanshi1 pages

1 945-WP-9100-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9100 OF 2021 SUSHILABAI ISHWARAPPA GAVKARE AND ANOTHER

VERSUS

SHIVAPPA NARSINGAPPA GAVKARE DECEASED THROUGH LRS. JAYRAJ SHIVAPPA GAVKARE AND OTHERS ...

Advocate for Petitioners : Mr. Shashikiran N. Patil AGP for Respondents - State : Mr. Y. G. Gujrathi Advocate for Respondent Nos. 1A & 1B : Mrs. M. A. Kulkarni ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 03rd AUGUST, 2022 PER COURT :

1.

Petitioners are aggrieved by the order dated 16/01/2020 passed by Additional Commissioner, Aurangabad, in case No. ROR/Review/28/2018.

2.

Learned advocate for respondent Nos. 1A and 1B, as well as the learned Assistant Government Pleader for respondents - State, point out that there is alternate remedy provided under Section 249 of the Maharashtra Land Revenue Code, 1966, of filing appeal against order passed in review. In that view of the matter, writ petition is disposed of with liberty to the petitioners to file appeal under Section 249 to the Government.

3.

Till decision of appeal, interim relief granted by this Court shall continue to operate.

(NITIN B. SURYAWANSHI, J.) SVH