Rajaram Malhari Aware Since Decd. Thr His Legal Heirs v. Anna Eshwara Aware Since Decd. Thr His Legal And Respd. And ORS

56-57-wp-10939-2023.doc Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10939 OF 2023 WITH WRIT PETITION NO.10940 OF 2023 Rajaram Malhari Aware since deceased through legal heirs Anusaya Rajaram Aware since deceased through legal heirs Ramchandra Rajaram Aware & Ors.

...Petitioners

Versus

Anna Eshwara Aware since deceased through legal heirs Sumitra Anna Aware & Ors.

...Respondents

Mr. Pradeep Gole, for the Petitioners.

Mr. Vishwanath Talkute, for Respondent Nos.1(a) and 1(b). CORAM : MADHAV J. JAMDAR, J.

DATED : 18th OCTOBER 2023 P.C. :

1.

At the outset, Mr. Talkute, learned counsel appearing for Respondent Nos.1(a) and 1(b) raises the objection to the maintainability of the Writ Petition on the ground that there is alternate remedy of Revision under Section 157 of the Maharashtra Land Revenue Code.

2.

In view of said objection, Mr. Pradeep Gole, learned counsel 1/2

56-57-wp-10939-2023.doc Sonali appearing for the Petitioners seeks withdrawal of the Writ Petitions with liberty to adopt alternate remedy.

3.

Accordingly, leave to withdraw the Writ Petition for adopting alternate remedy is granted.

4.

Time spent in prosecuting this Writ Petition be inter alia taken into consideration while considering delay condonation application in adopting alternate remedy.

5.

The Writ Petitions are disposed of in above terms with liberty as prayed aforesaid.

6.

It is made clear that this Court has not considered the merits and all the contentions on merits are expressly kept open. [MADHAV J. JAMDAR, J.] 2/2 Signed by: Sonali Patil Designation: PA To Honourable Judge Date: 19/10/2023 14:45:00