Gulam Rasul Papabhai Shaikh v. Hafiz Khan Akbar Khan Died Thr Lrs Majid Khan Hamid Khan Died And Others

2025:BHC-AUG:6183 904-WP-12095-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12095 OF 2024 Gulam Rasul Papabhai Shaikh

VERSUS

Hafiz Khan Akbar Khan Died Thr Lrs Majid Khan Hamid Khan Died And Others *** • Ms. A. N. Ansari, Advocate for the Petitioner • Mr. B. A. Shinde, AGP for the Respondent Nos. 16 to 22/State *** CORAM : R. M. JOSHI, J DATE : MARCH 04, 2025 PER COURT :

1.

After hearing learned Counsel for Petitioner for some time and when this Court has shown disinclination to cause interference in the impugned order, learned Counsel for the Petitioner, on instructions from the Petitioner who is present in the Court, seeks withdrawal of the Petition with direction to the concerned Authority to complete the enquiry within a time bound period. She submits that the decree of partition is granted on 04.08.1999 and since then, parties are not getting fruits of the decree. She, therefore, seeks direction to the concerned Authority to complete the enquiry within a period of three Umesh

904-WP-12095-2024.odt months.

2.

In view of the above, Petition stands dismissed as withdrawn. The concerned Authority is directed to conduct the enquiry within a period of three months from today.

3.

Needless to say that the reasons are to be recorded by the Authority while deciding the issue of partition of the properties on meets and bounds. 4.

Learned AGP is directed to communicate this order to the Authority concerned.

(R. M. JOSHI, J.) Umesh