Maroti S/O Bhivaji Hatwar And Another v. Gopal S/O Buddhu Katakwar

1 wp4461.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4461 OF 2017 Maroti S/o Bhivaji Hatwar and Anr.

..VS..

Gopal S/o Buddhu Katakwar - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr Vasant D. Muley, adv. for petitioners.

Mr anup Digambar Dangore, adv. For respondent. CORAM : Z.A.HAQ, J.

DATED : 17 th July, 2019 Learned Advocate for the petitioners and the learned Advocate for respondent submitted that similar challenge is considered by this Court in Writ Petition No. 3886/2017, which is decided by the judgment dated 10.10.2018.

It is submitted that this Court has recorded that the petitioners (appellants before District Court) are permitted to argue two points relating to maintainability of the civil suit and effect of provisions of The Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 on the claim of the respondents. Adopting the same view as expressed by this Court in Writ Petition No.3886 of 2017 by judgment delivered on 10.10.2018, the present writ petition is also disposed. No costs.

JUDGE Trupti