Mr Kisan Waman Wadakar Through Poamr Kiran Kisan Wadakar v. Nivrutti Genaba Pangare And ORS

7 wP-815-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 815 OF 2025 by HUSENBASHA RAHAMAN NADAF Date:

2025.01.27 17:57:31 +0530 HUSENBASHA RAHAMAN NADAF WITH INTERIM APPLICATION (ST.) NO. 37127 OF 2024 Mr Kisan Waman Wadakar Through Power of Attorney Mr. Kiran Kisan Wadakar

...Petitioner/Applicant

Versus

Nivrutti Genaba Pangare And Ors

...Respondents

---- Mr. Sachin D. Bagal, for Petitioner/Applicant. CORAM: A.S. CHANDURKAR & M.M. SATHAYE, JJ.

DATE : 23RD JANUARY 2025 P.C. :

1.

In the present writ petition, the Petitioner has arrayed all private paries as Respondents. It is submitted by the learned counsel for the Petitioner that pursuant to illegal entries in revenue record, the Petitioner had filed RCS No.72 of 2014. The suit was however dismissed in default. Proceedings for restoration of the said civil suit are pending. Since the said proceedings for restoration are not being taken up, the present writ petition has been filed seeking prayers made in the civil suit.

2.

We do not find that the writ petition in its present form is maintainable under Article 226 of the Constitution of India. It would be necessary for the Petitioner to pursue the civil remedy which he has already invoked. The writ petition and interim application are thus disposed of as not maintainable. It is clarified that the merits of the Petitioner's claim have not been examined.

(M.M. SATHAYE, J.) (A.S. CHANDURKAR, J.) Husen 1/1