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Bombay High CourtWP/8869/2018disposed off

Late Krishnaji Shankar Deshmukh (Kshirsagar) (Since Decd.) Through His Lrs. v. Late Govind Shankar Deshmukh (Kshirsagar) (Since Decd.) Through Lrs. And ORS.

2018-09-19Hon'Ble Justice Revati Mohite Dere3 pages

Digitally signed by Shagufta Qutbuddin Pathan Date:

2018.09.19 18:41:21 +0530 Shagufta Qutbuddin Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 8869 OF 2018 Late Krishnaji Shankar Deshmukh (Kshirsagar) (Since Deceased) through his Legal Heir

...Petitioner

Versus

Late Govind Shankar Deshmukh (Kshirsagar) (Since Deceased) through his Legal Heirs & Ors.

...Respondents

Mr. Rushikesh Chandrashekhar Barge for the Petitioner Mr. Shrishailya Sadashiv Deshmukh for the Respondent No. 1D Mr. S. H. Kankal, A.G.P for the State/Respondent No. 9 CORAM : REVATI MOHITE DERE, J.

WEDNESDAY, 19 th SEPTEMBER 2018 P.C. :

Heard learned counsel for the parties.

Learned counsel for the petitioner prays for a direction that his Revision Application No. RTS/3518/5254/File No. 10/J-5A, pending before the Hon'ble Minister, Revenue, Mumbai, be decided as expeditiously as possible and in a time-bound manner. He further prays that without going into the merits, this Court be pleased to direct status-quo for a period of 1/3

four weeks to enable the petitioner to have the stay application listed before the Hon'ble Minister, Revenue, Mumbai.

Learned counsel for the respondent No.1D submits that without going into the merits, the status-quo be granted so as to enable the Hon'ble Minister to decide the application for stay on is own merits, uninfluenced by the protection granted by this Court.

Considering the aforesaid, without going into the merits, since the revision application is pending before the Hon'ble Minister, it would be appropriate to request the Hon'ble Minister to decide the said revision application expeditiously.

If an application for stay is filed in the revision application, the Hon'ble Minister shall decide the same expeditiously. In order to enable the petitioner to move an appropriate application before the Hon'ble Minister for Revenue, it would be appropriate to direct the parties to maintain status-quo for a period of four weeks from today. 2/3

It is made clear that the interim protection has not been considered on merits and has been granted only to enable the petitioner to move an appropriate application before the Hon'ble Minister for Revenue, who will decide the same on its own merits, uninfluenced by the interim protection granted by this Court. All contentions of all parties are kept open.

Petition is disposed of on the aforesaid terms. All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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