Mahadeo Shankar Jamadade And ORS. v. Sponjaidevi Through Its Trustees And Vahiwatdar Kashinathgiri Devigiri Gosavi (Decd Through L.H.)

1-wp.11164-2014.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11164 OF 2014 Mahadeo Shankar Jamadade & Ors.

..Petitioner Vs Sopanjaidevi through its Trustees & Ors ..Respondents WITH WRIT PETITION NO.11163 OF 2014 Narayan Rajaram Jadhav & Ors.

..Petitioners Vs Sopanjaidevi through its Trustees & Ors ..Respondents ­­­­­ Mr. S.G. Karandikar for the Petitioners.

Mr. Dilip Bodake for respondent Nos.1C to 1F, 1H and 1I. ­­­­­ CORAM : A.S.GADKARI, J.

DATE : 10th July 2019.

P.C.:

1] The District Deputy Collector, Mahabaleshwar Division, Mahabaleshwar granted certificate under Section 88B of Bombay Tenancy And Agricultural Lands Act, 1948 (for short "B.T.A.L. Act") in favour of the respondent No.1 Trust in Tenancy Case No.TNC/SR/36/1962 by its Order dated 22.11.1962. The said Order was challenged by the petitioners before 1/2

1-wp.11164-2014.doc the Maharashtra Revenue Tribunal, Bench at Pune by way of Revision No.TNC/REV/66/2010/NS in the year 2010 i.e. after lapse of about 47 years.

2] The record indicates that, there is no explanation at all for such an inordinate and colossal delay of 47 years in preferring the said Revision, least to say any justifiable reason has been given by the petitioners. 3] The learned Member of Revenue Tribunal by its impugned Judgment and Order dated 2.9.2014 has rightly rejected the said Revision under under Section 76 of B.T.A.L.Act. I find no merits in the petitions and are accordingly rejected.

(A.S.GADKARI, J.) 2/2