Shri Pandurang Babu Shinde And ORS v. Ganesh Tulshiram Kadam And ORS

912.WP8858_2021.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8858 OF 2021 Digitally signed by VIDYA SURESH AMIN Date:

2021.12.18 10:52:14 +0530 VIDYA SURESH AMIN Pandurang Babu Shinde & Ors.

... Petitioners V/s.

Ganesh Tulshiram Kadam & Ors.

... Respondents Mr. Arvind G. Kundekar for the petitioners.

None for the respondents.

CORAM : G.S.KULKARNI, J.

DATE : 17 December, 2021 P.C.:

1.

After hearing of this petition progressed for sometime, learned counsel for the petitioners seeks leave to withdraw this petition fairly stating that by the impugned order passed by the Maharashtra Revenue Tribunal, now the proceedings have been remanded back to the Tahsildar for determination of the petitioners' application under section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948.

2.

It would be appropriate for the Tahsildar to undertake fresh adjudication as directed by the learned Member of Maharashtra Revenue Tribunal and in such adjudication, the Tahsildar shall give full opportunity to the petitioners as also to the respondents to place their respective contentions and appropriate documents as also by recording the evidence in support of their respective case. 1/2

912.WP8858_2021.doc All contentions of the parties in that regard are expressly kept open to be urge before the Tahsildar.

3.

The petition is accordingly allowed to be withdrawn subject to the above observation.

4.

Disposed of. No costs.

(G.S.KULKARNI, J.) 2/2