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Bombay High CourtWP/3019/2024disposed off

Sunil Bhikulal Potdar And ORS v. Eknath Balu Deshmukh And ORS

2024-05-06Hon'Ble Shri Justice Avinash G. Gharote1 pages

49-wp-3019-2024.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3019 OF 2024 Sunil Bhikulal Potdar & Ors ... Petitioners V/s.

Eknath Balu Deshmukh & Ors ... Respondents Digitally signed by SHABNOOR AYUB PATHAN Date:

2024.05.06 18:20:49 +0530 SHABNOOR AYUB PATHAN Mr. S. G. Karandikar i/by Mr. Omkar Nagwekar, for Petitioners.

CORAM

: AMIT BORKAR, J.

DATED : MAY 6, 2024 P.C.:

1.

Prima faice, on perusal of the Roznama, it appears that proper opportunity of leading of oral evidence was not granted to the petitioners, as the matter of fact, the petitioners have not led oral evidence. Despite this, the Tehsildar in its order has referred oral evidence as if petitioners have led oral evidence. Hence, the petitioners have made out prima facie case for grant ad-interim relief. Till the next date, there shall be ad-interim relief in terms of prayer clause (c).

2.

Issue notice to respondents, returnable on 24 June 2024. (AMIT BORKAR, J.)