Dilip Sheshrao Rathod And Others v. State Of Maharashtra, Rural Development Department, Thr. Secretary, Mumbai And Others

2023:BHC-NAG:14522-DB 1 WP6158-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 6158/2023 (DILIP SHESHRAO RATHOD & OTHERS VERSUS STATE OF MAHARASHTRA & OTHERS) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri J.B. Gandhi, counsel for the petitioners. Ms N.P. Mehta, Assistant Government Pleader for the respondent nos.1 and 2. CORAM : A.

S. CHANDURKAR AND MRS.VRUSHALI V. JOSHI, JJ.

D ATE : OCTOBER 05 , 202 3 .

Heard the learned counsel for the petitioners and perused the documents on record.

2.

The apprehension expressed by the petitioners is that the respondent nos.4 and 5 who were parties to the compromise decree passed in Second Appeal No. 15 of 2007 may not act in accordance thereof. Further apprehension is expressed that the respondent nos.1 and 2 may handover the possession of the Temple to the respondent nos.4 and 5 in breach of the compromise decree. 3.

We find that the apprehension expressed by the petitioners at this stage is on the basis of oral statements attributed to the Officers of the respondent nos.1 and 2. As of today, there is no cause of action to the petitioners to raise a claim based on the compromise decree. As and when such contingency occurs, it would be open for the petitioners to raise such grievances. 4.

The writ petition is not entertained. With aforesaid observations, the same is disposed of. No costs.

(MRS. VRUSHALI V. JOSHI, J.) (A. S. CHANDURKAR, J.) APTE