Shiva Mahadeo Gharal And ORS v. Maruti Sambha Mane And ORS

501ia15335-24+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.15335 OF 2024 IN WRIT PETITION NO. 3221 OF 2022 WITH INTERIM APPLICATION NO.15336 OF 2024 Maruti Sambha Mane (since deceased) through LRs and Anr.

... Petitioners.

Versus

Annappa Mahadev Mane and Ors.

... Respondents.

WITH WRIT PETITION NO.17540 OF 2024 Shri Shiva Mahadeo Gharal and Ors.

... Petitioners.

Versus

Shri Maruti Sambha Mane and Ors.

... Respondents.

----- Mr. P.D. Dalvi, Advocate for the Petitioners. Mr. Vikrant A. Desai h/f. Mr.Yuvraj Gharal, Advocate for Petitioner in WP/17540/2024.

----- Coram :

Sharmila U. Deshmukh, J.

Date :

December 02, 2024 P. C. :

1.

Not on board. Upon mentioning, taken on production board. 2.

Clarification is sought of the order dated 13th September, 2022 as regards the continuation of the ad-interim relief in terms of prayer clause (b) as the Tahasildar has construed the order to not have been continued after 16th December, 2022 and is proceeding with the matter.

sa_mandawgad 1 of

501ia15335-24+ 3.

Perusal of the order dated 13th September, 2022 would indicate that this Court had granted ad-interim relief in terms of prayer clause (b) and thereafter, listed the Petition for further consideration on 16th December, 2022. The order does not indicate that the ad-interim relief was for a fixed period of time. Non-listing of the Petition on 16th December, 2022, and even thereafter, would not have the effect of vacating the ad-interim relief which was granted by order dated 13th September, 2022.

4.

List the Petition on 17th January, 2025, for further consideration.

[Sharmila U. Deshmukh, J.] 2 of Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 03/12/2024 10:02:27