Smt. Pushpalata Jagdish Kulkarni And ORS. v. Shri. Jagannath Dhondi Nikam And ORS.

4-wp-838-2018.doc Tandle

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 838 OF 2018 Smt. Pushpalata Jagdish Kulkarni and Ors.

... Petitioners.

Versus

Shri Jagannath Dhondi Nikam and Ors.

... Respondents.

. . . . . .

Mr. P. M. Arjunwadkar for Petitioner.

. . . . . .

CORAM : A. S. GADKARI, J.

DATE : 24TH SEPTEMBER, 2019 P. C. :

1.

The condonation of delay of 41 years in challenging Mutation Entry No. 2754 which was certified on 15.06.1974 is the subject matter of the present petition. The record indicates that, the petitioners filed Appeal No. 5 of 2015 on 12.06.2015 challenging Mutatin Entry No. 2754 which was effected in favour of the respondents and certified on 15.06.1974. No explanation at all for condonation of such a collosol and inordinate delay of 41 years is offered by the petitioners. 2.

The Sub-Divisional Officer has rejected the said appeal preferred by the petitioners by its Order dated 30.11.2015. The Revenue Tribunal has dismissed the Revision Application No. 9 of 2016 on the same ground i.e. that there was delay of 41 years for filing the appeal. 1/2

4-wp-838-2018.doc 3.

The record further indicates that, the Mutation Entry in favour of respondents was affected in pursuance of 32-M certificates issued in their favour in the year 1974 by the Competent Authority. The petitioners have not challenged the said proceedings, coupled with the fact that, no explanation at all is offered for such an inordinate delay. Both the Authorities below have rightly rejected the application preffered by the petitioners challenging Mutation Entry No. 2754. 4.

After perusing the entire record, this Court is of the considered view that, both the Authorities below have not committed any error either in law or on facts while passing the impugned Orders. 5.

The Petition being dehors of merits is accordingly rejected. (A. S. GADKARI, J.) 2/2