Shrirang Narayan Madke v. Alankar Dattatraya Madake And ORS.

wp­12623­15­(12)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12623 OF 2015 Shrirang Narayan Madake ..Petitioner Vs.

Alankar Dattatraya Madake & Ors.

..Respondents Mr. P. S. Dani Senior Advocate i/b Mr. S. S. Jinsiwale for the Petitioner Mr. D. W. Bhosale for the Respondent Nos.1 to 4 Mr. S. D. Rayrikar AGP for the Respondent No.5 CORAM :

R. M. SAVANT, J.

DATE :

16th APRIL, 2016 P.C.

The order dated 10­11­2015 passed by the Additional Commissioner, Pune Division Pune, rejecting the application for stay filed by the Petitioner is taken exception to by way of the above Petition. It seems that pursuant to the rejection of the stay application the order passed by the Additional Collector, Satara allowing the Appeal filed by the Respondent Nos.1 to 4 herein was implemented and the Mutation Entry No.13690 in favour of the Petitioner was deleted and the mutation in favour of the Respondent Nos.1 to 4 has been effected.

In my view, there is now no warrant to interdict with the impugned order. However, the Additional Commissioner Pune Division Pune is directed to hear and decide the Revision No.141 of 2015 filed by the Petitioner expeditiously and latest by 31­10­2016. The parties to appear before the mmj

wp­12623­15­(12) Additional Commissioner Pune Division Pune on 2­5­2016. Needless to state that the mutation effected in favour of the Respondent Nos.1 to 4 would be subject to result of the Revision. Further needless to state that the Revision would be tried on its own merits and in accordance with law uninfluenced by the impugned order and the mutation which is effected in favour of the Respondent Nos.1 to 4.

The parties to act upon an ordinary copy of this order duly authenticated by the court shirestedar.

[R.M.SAVANT, J] mmj