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Ganpat Sahdev Parab v. Ramchandra Devrao Desai And ORS

2024-03-05Hon'Ble Shri Justice Milind N. Jadhav2 pages

18.wp.2995.24.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2995 OF 2024 Ganpat Sahdev Parab .. Petitioner

Versus

Ramchandra Devrao Desai and Ors.

.. Respondents ....................

 Mr. A.R. Kapadnis a/w. Mr. Prashant Kadam, Advocate for Petitioner.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : MARCH 05, 2024.

P.C.:

1.

Heard Mr. Kapadnis, learned Advocate for Petitioner. 2.

Present Writ Petition takes exception to the order dated 16.09.2021 passed in Application below Exhibit "7" in Regular Civil Appeal No.21 of 2021 which is at page No.73 of the Writ Petition. Writ Petition is filed on 29.11.2023. Defendant No.1 is the Petitioner before me.

3.

Mr. Kapadnis has drawn my attention to the parallel proceedings under BTL Act between the parties during the interregnum which have been carried up to the Maharashtra Revenue Tribunal. He has further drawn my attention to the recent order dated 06.11.2023 passed by the MRT and on that basis would submit that this Court be pleased to grant status quo. Without hearing the Respondents, I am

18.wp.2995.24.doc not inclined to grant any status quo.

4.

Hence, issue notice to the Respondents. Humdast permitted. 5.

In addition to Court notice, Petitioner is permitted to serve a copy of the Petition and this order on the Respondents and inform them about the next date of hearing by any permissible mode of service and file appropriate Affidavit of service with tangible proof thereof on or before the next date.

6.

Respondents are directed to file their Affidavit-in-Reply on or before the next date, if so desired.

7.

It is clarified that, this Writ Petition shall be disposed of on the next adjourned date at the stage of admission itself after hearing the parties.

8.

Stand over to 19th March, 2024.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2024.03.05 20:10:23 +0530 AJAY TRAMBAK UGALMUGALE