M/S Athashree Enerprises Throu. Its Partners v. State Of Maharashtra Throu. Revenue And Forest Dept And ORS

11-wp1881-2025.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1881 OF 2025 Athashree Enterprises, through its partners ... Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents Mr. Hemant Ghadigaonkar for the petitioner.

Digitally signed by ATUL GANESH KULKARNI Date:

2025.02.12 14:16:27 +0530 ATUL GANESH KULKARNI Ms. Dhruti Kapadia, AGP for the State-respondent No.1

CORAM

: AMIT BORKAR, J.

DATED : FEBRUARY 12, 2025 P.C.:

1.

The petitioner is challenging order passed by the District Superintendent of Land Records condoning delay in filing appeal on behalf of respondent No.3.

2.

The petitioner does not fall within three exceptions as contemplated by the Supreme Court in Whirlpool Corporation v. Registrar of Trade Marks, Mumbai & Ors. (1998) 8 SCC 1. Hence, the writ petition need not be entertained.

3.

The petitioner shall challenge the impugned order before the statutory authorities even if the appellate authority decides the claim of respondent No.3 on merits.

(AMIT BORKAR, J.)