Abdul Azam Mehatab Saheb Khoriwale Died Through Lrs. Tuide Abdul Azam Khoriwale And Others v. Kamladevi Gopikishan Agarwal And Others

1 WP7602.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7602 OF 2015 Abdul Azam S/o Mehatab Sahab Khoriwale (Died) Through L.Rs., Tuide W/o Abdul Azam Khoriwale and Others .. Petitioners

Versus

Kamladevi W/o Gopikishan Agarwal and Others .. Respondents Shri B. R. Kedar, Advocate for Petitioners.

Shri V. H. Dighe, A. G. P. for the Respondent Nos. 11 to 13. CORAM : S. V. GANGAPURWALA AND A. M. BADAR, JJ.

DATE : 06TH JANUARY, 2016.

PER COURT :- 1.

Mr. Kedar, the learned counsel submits that, the orders passed by the Authorities are not being implemented, execution is also filed. In appeal filed by the other side there are no prohibitory orders in force, still, the orders are not being implemented.

2.

Mr. Dighe, the learned A. G. P. states that, affidavit is filed by the Tahsildar, Latur which states that, the Deputy Superintendent of Land Records has submitted report and the Tahsildar is ready to take effective steps for implementation of the order passed by the then Tahsildar,

2 WP7602.15 Latur, regarding handing over of possession of the suit land. 3.

In case, there are no prohibitory orders of the Authorities or the Court then, the respondent Tahsildar certainly would be bound by the affidavit filed by him before this Court. In view of the affidavit filed by the Tahsildar the Tahsildar may proceed further with regard to the implementation of the order passed by the then Tahsildar, in case, there are no prohibitory orders of the Court or the Authority, expeditiously.

4.

Writ petition is accordingly disposed of. No costs. [ A. M. BADAR, J. ] [ S. V. GANGAPURWALA, J. ] sam/Jan.15