Bombay High CourtSA/749/2024transfer to other court

Bapu Abalal Tahasildar Since Deceased Through Lrs v. Swastishree Jinsen Bhattarak Pattacharya Maha Swami Math Sansthan And ORS

2025-07-28Hon'Ble Shri Justice Milind N. Jadhav7 pages

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7130 OF 2016 Jalal Abalal Tahsildar & Ors.

.. Petitioners

Versus

State of Maharashtra & Ors.

.. Respondents WITH INTERIM APPLICATION NO. 8382 OF 2024 IN WRIT PETITION NO. 7130 OF 2016 Jalal Abalal Tahasildar (Petitioner No. 1) (since deceased) through L.Rs.

Ramejabi Jalal Tahasildar & Ors.

.. Applicants

IN THE MATTER BETWEEN

Jalal Abalal Tahsildar & Ors.

.. Petitioners

Versus

State of Maharashtra & Ors.

.. Respondents WITH INTERIM APPLICATION NO. 8385 OF 2024 IN WRIT PETITION NO. 7130 OF 2016 Nasima Bashir Maldar (Petitioner No. 18) (since deceased) through L.Rs.

Bashir Munavar Maldar & Ors.

.. Applicants

IN THE MATTER BETWEEN

Jalal Abalal Tahsildar & Ors.

.. Petitioners

Versus

State of Maharashtra & Ors.

.. Respondents WITH INTERIM APPLICATION NO. 8387 OF 2024 IN WRIT PETITION NO. 7130 OF 2016 Nazir Rajjak Tahasildar (Petitioner No. 23) (since deceased) through L.Rs.

Hamida Nazir Tahasildar & Ors.

.. Applicants

Jalal Abalal Tahsildar & Ors.

.. Petitioners

Versus

State of Maharashtra & Ors.

.. Respondents WITH INTERIM APPLICATION NO. 8383 OF 2024 IN WRIT PETITION NO. 7130 OF 2016 Hasim Ainuddin Tahasildar (Petitioner No. 3) (since deceased) through L.Rs.

Bismillaha Hasim Tahasildar & Ors.

.. Applicants

IN THE MATTER BETWEEN

Jalal Abalal Tahsildar & Ors.

.. Petitioners

Versus

State of Maharashtra & Ors.

.. Respondents WITH WRIT PETITION NO. 6149 OF 2002 Bhupal Nana Khichade & Ors.

.. Petitioners

Versus

State of Maharashtra & Ors.

.. Respondents WITH INTERIM APPLICATION NO. 1629 OF 2025 IN WRIT PETITION NO. 6149 OF 2002 Parisa Nana Khichade & Ors.

.. Applicants In The Matter Between Appaso Nana Khichade & Ors.

.. Petitioners

Versus

State of Maharashtra & Ors.

.. Respondents WITH SECOND APPEAL NO. 749 OF 2024 Bapu Abalal Tahasildar (since deceased) through his Legal Heirs Babaso Bapu Tahasildar .. Appellants

Versus

Swastishree Jinsen Bhattarak & Ors.

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

 Mr. D.V. Sutar a/w Ms. Kavita D. Vijapure, Advocates for Petitioners & Applicants in all Matters  Mr. Sanjay D. Rayrikar, AGP for Respondent Nos. 1 & 2  Mr. Manoj A. Patil, Advocate for Respondent No. 3 ...................

CORAM : MILIND N. JADHAV, J.

DATE : JULY 28, 2025 P. C.

Heard Mr. Sutar, learned Advocate for Petitioners; Mr. Patil, learned Advocate for Respondent No. 3 and Mr. Rayrikar, learned AGP for State.

Interim Application No. 8382/2024 in WP No. 7130/2016 2.

bringing the legal heirs of deceased Petitioner No. 1 on record. There is delay of 3 years and 26 days in filing the present Interim Application. Applicants are the legal heirs of deceased Petitioner No.

1. Their names and details are given in cause title of the Interim Application.

2.1.

Interim Application is allowed in terms of prayer clauses (a) and (b).

Re-verification stands dispensed with. Copy of the amended cause title shall be served on the other side.

2.2.

Interim Application No. 8382 of 2024 is allowed and disposed. Interim Application No. 8385/2024 in WP No. 7130/2016 3.

bringing the legal heirs of deceased Petitioner No. 18 on record. There is delay of 6 years and 180 days in filing the present Interim Application. Applicants are the legal heirs of deceased Petitioner No.

18. Their names and details are given in cause title of the Interim Application.

3.1.

Interim Application is allowed in terms of prayer clauses (a) and (b). Re-verification stands dispensed with. Copy of the amended cause title shall be served on the other side.

3.2.

Interim Application No. 8385 of 2024 is allowed and disposed. 4.

Interim Application No. 8387/2024 in WP No. 7130/2016 5.

bringing the legal heirs of deceased Petitioner No. 23 on record. There

is delay of 10 years and 174 days in filing the present Interim Application. Applicants are the legal heirs of deceased Petitioner No.

23. Their names and details are given in cause title of the Interim Application.

5.1.

Interim Application is allowed in terms of prayer clauses (a) and (b). Re-verification stands dispensed with. Copy of the amended cause title shall be served on the other side.

5.2.

Interim Application No. 8387 of 2024 is allowed and disposed. Interim Application No. 8383/2024 in WP No. 7130/2016 6.

bringing the legal heirs of deceased Petitioner No. 3 on record. There is delay of 279 days in filing the present Interim Application. Applicants are the legal heirs of deceased Petitioner No. 3. Their names and details are given in cause title of the Interim Application. 6.1.

Interim Application is allowed in terms of prayer clauses (a) and (b).

Re-verification stands dispensed with. Copy of the amended cause title shall be served on the other side.

6.2.

Interim Application No. 8383 of 2024 is disposed. Interim Application No. 1629/2025 in WP No. 6149/2002 7.

bringing the legal heirs of deceased Petitioner Nos. 1 to 3 on record. There is delay of more than 11 years and 6 months in filing the Application. Names and details of the legal heirs of deceased Petitioner Nos. 1 to 3 are stated in the Schedule of amendment which is appended at page Nos. 11-12 of the Interim Application. 7.1.

Interim Application is allowed in terms of prayer clauses (a) to (c). Re-verification stands dispensed with. Copy of the amended cause title shall be served on the other side.

7.2.

Interim Application No. 1629 of 2025 is allowed and disposed. WRIT PETITION NOS. 7130/2016, 6149/2002 & SA No. 749/2024 8.

Both the learned Advocates jointly inform the Court that in addition to the above captioned Writ Petitions and Second Appeal,

there are 8 Writ Petitions and 9 Second Appeals pending in this Court which are required to be heard together and for that matter to be clubbed along with present Writ Petitions and Second Appeal. Their details are as under:- A. Writ Petitions:- Writ Petition Nos. 8337/03, 8686/03, 8685/03, 8359/03, 8326/03, 494/04 & 1514/05 B. Second Appeals:- Second Appeal Nos. 778/24, 779/24, 749/24, 377/24, 495/24, 355/24, 375/24, 376/24 & 356/24 9.

It is seen that the above stated Writ Petitions relate to odd years and even years which are being heard by separate Courts. In that view of the matter, Registrar (Judicial-I) shall ascertain the appropriate Bench for hearing of the present Writ Petitions as well as Second Appeals and place the report before this Court within a period of one weeks from today. He shall also ascertain whether appropriate orders have been passed for clubbing all the above matters together as informed by the learned Advocates. If no such order exists, then learned Advocates shall take appropriate steps in that regard after informing all the Advocates for the parties in the aforesaid Petitions and Second Appeals proceedings.

10.

Stand Over to 4th August, 2025.

Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2025.07.29 16:35:56 +0530 RAVINDRA MOHAN AMBERKAR