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Bombay High CourtCA/176/2025disposed off

Suresh Goba Patil And Others v. Kailash Goba Patil And Otehrs

2026-01-06Hon'Ble Shri Justice Siddheshwar Sundarrao Thombre3 pages

2026:BHC-AUG:313 1 of 3 916-WP.3262.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 WRIT PETITION NO. 3262 OF 2018 SURESH GOBA PATIL AND OTHERS

VERSUS

KAILASH GOBA PATIL AND OTEHRS ...

Mr. L. V. Sangit h/f. Mr. Minakshi L. Sangeet, Advocate for the Petitioners;

Mr. B. A. Shinde, AGP for Respondent-State.

Mr. Murar Diliprao Deshpande, Advocate for Respondent Nos.1-A to 1D and 2. ...

WITH CIVIL APPLICATION NO. 176 OF 2025 IN WP/3262/2018 SURESH GOBA PATIL AND OTHERS

VERSUS

KAILASH GOBA PATIL AND OTEHRS ...

CORAM :

SIDDHESHWAR S. THOMBRE, J.

DATE :

6th JANUARY, 2026 P.C.:- 1.

Both the learned counsel submit that the matter has already been settled between the parties. An affidavit-in-reply has been filed on behalf of Respondent Nos.1-A to 1-D and 2, wherein, the specific contentions raised which are reproduced hereinbelow:- "1.

I say and submit that, my father namely Kailas Goba Patil challenged the Mutation Entry No.633 and 717 in respect of Gut No.37-A and Gut No.92 and 93 by filing RTS Appeal No.109/2013 before Sub Divisional Officer, Erandol, U/Sec. 247 of MLR Code. By the said Mutation Entry, the Lands were allotted in the name of petitioner No.1-Suresh Goba Patil. The said

2 of 3 916-WP.3262.2018 Revision was allowed by the SDO. Challenging the same, the present petitioner filed RTS Appeal No.230/2014 before the Deputy Collector, Jalgaon, the same was allowed and the Order passed by SDO came to be set-aside.

2.

I say and submit that, challenging the said Order, the original respondent No.1 in the present Writ Petition namely Kailash Goba Patil filed RTS Appeal No.13/2016 before Additional Commissioner, Nashik Division, Nashik and the same was rejected. Challenging the said Order, the RTS Appeal No.32/2017 was filed before the State Government, Hon'ble Revenue Minister. The said Appeal/Revision came to be allowed by setting-aside the Order passed by Additional Commissioner, and by restoring the Order passed by SDO.

3.

I say and submit that, the present Writ Petition is filed challenging the said Order passed dby the Revenue Minister. Which is admitted by this Hon'ble High Court by Order dated 13.06.2018 and granted interim relief in terms of prayer clause 'B'.

4.

I say and submit that, my father namely Kailas Goba Patil expired on 30.07.2024. The Legal Heirs i.e. myself and others are brought on record. We appeared in the matter. Now it is decided by us with consent that, we do not want to proceed with the matter and we are not having any objection for maintaining the Mutation Entry No.717 and 633 in respect of Gut No.37, Gut No.92 and Gut No.93 in respect of the Agricultural Land situated at village Wadgaon P.A., Tq. Parola, District Jalgaon thereby the Lands are allotted in the name of petitioner No.1-Suresh Goba Patil.

5.

I say and submit that, today all are present before this Hon'ble High Court and executing the said Affidavit by which, it is prayed that, the Writ Petition filed by the present petitioners may kindly be allowed in terms of Prayer Clause 'A' and we have no objection for the same. Appropriate Orders in that respect may kindly be passed.

6.

I say and submit that, it is also agreed by the petitioners herein that, they will withdraw the RCS No.34/2023 filed by them in the Court of Civil Judge, Junior Division, Parola, against the present respondents."

2.

In view of that, the petition is allowed in terms of prayer

3 of 3 916-WP.3262.2018 clause (A).

3.

In view of disposal of writ petition, civil application does not survive. Hence, it is also disposed of.

(SIDDHESHWAR S. THOMBRE, J.) Tauseef