Akhtar Khan Masood Khan And Another v. The State Of Maharashtra Through Its Principal Secretary And Others

( 1 ) 50 wp 12090.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 50 WRIT PETITION NO.12090 OF 2023 AKHTAR KHAN MASOOD KHAN AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. Navnath Kalyankar h/f. Jadhav Kiran & Vikram Bhange AGP for Respondents/State : Mr. S.K. Tambe ...

CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.

DATE : 3rd October, 2023 P.C. :- 1.

The Petitioner No.1 is the biological brother of Respondent No.5. The Petitioner No.2 is the nephew of Petitioner No.1 and Respondent No.5. All three are quarreling with each other with regard to a private plot on which Respondent No.5 is erecting a construction, allegedly, illegally. 2.

This is purely a civil dispute inter se between two biological brothers and blood relatives with reference to a private property. The remedy to resolve the issue and have the property divided equally lies with the Civil Court.

( 2 ) 50 wp 12090.23 3.

In view of the above, this petition is disposed off with liberty to the Petitioners to avail of the remedy as may be permissible in law, subject to the law of limitation.

[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub