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Bombay High CourtWP/11067/2014disposed off

Parwatibai Panditrao Kamble v. Sham Pralhadrao Akhangire Through L.Rs. Shobha Sham Akhangire And Others

2025-07-24Hon'Ble Shri Justice R. M. Joshi2 pages

2025:BHC-AUG:19424

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 WRIT PETITION NO. 11067 OF 2014 PARWATIBAI PANDITRAO KAMBLE

VERSUS

SHAM PRALHADRAO AKHANGIRE THROUGH L.RS. SHOBHA SHAM AKHANGIRE AND OTHERS .....

Mr. Anand Chawre a/w Ms. Vandana Sadawarte, Advocate for the Petitioner Mr. V. D. Gunale, Advocate for the Respondents Mr. K. N. Lokhande, AGP for the Respondent/State

CORAM

: R. M. JOSHI, J.

DATE : 24th JULY, 2025 PER COURT :- 1.

This Petition was heard on the last date of hearing. 2.

After considering the factual aspect, this Court has expressed view that it would not be open for the Revenue Authorities to interpret the sale deed and correction deed executed between Respondent Nos.1 and 2 and hence there is no propriety to relegate matter back to Revenue Authority.

3.

Today, learned Counsel for the Petitioner, on instructions, seeks withdrawal of the Petition. He makes statement that correction deed has been brought to the knowledge of the Petitioner for the first time on 21st April, 2025 when the same was placed before this Court 916 WP 11067.2014.odt

along with the affidavit-in-reply of Respondent No.1. He, therefore, seeks liberty to challenge the correction deed as well as the sale deed between these Respondents before the Competent Court of law. 4.

Learned Counsel for the Respondents submits that it would be open for the Petitioner to satisfy the concerned Court about the merit of the challenge to the said document. He, however does not dispute that the said correction deed has been produced in any legal proceedings between the parties for the first time along with affidavit-in-reply dated 20th April, 2025.

5.

In view of above, Petition is dismissed as withdrawn with liberty as prayed. All contentions of the parties are specifically kept open. (R. M. JOSHI, J.) ssp 916 WP 11067.2014.odt