Abdul Sattar Ismail Jamadar Throu. L.H. v. Bhimrao Shakar Kamble And ORS

10-WP-7352-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7352 OF 2024 Abdul Sattar Ismail Jamadar Throu. L.Rs. ...Petitioners

Versus

Bhimrao Shankar Kamble And Ors. ...Respondents WITH WRIT PETITION NO. 7532 OF 2024 Abdul Sattar Ismail Jamadar Through Lrs. ...Petitioners

Versus

Gaffar S/o Ismail Jamadar And Ors.

...Respondents

....

Mr.S.S.Kazi for the Petitioner.

None for the Respondent.

CORAM

:

AVINASH G. GHAROTE, J.

DATE :

10th JUNE 2024 P.C.

:

1.

Heard Mr.Kazi. The petition questions the order dated 9.2.2024 by which the order of the Tahsildar dated 30.8.2018 (page 58) and that of the S.D.O. 20.9.2019 (page 71) have been set aside on the ground that one of the landlord owners namely Baban Shankar Kamble was no more on the date of institution of the proceedings before the Tashildar under section 32(f), (g) and (m) of the Tenancy Act. It is contended, vai

10-WP-7352-2024.doc that since Baban Shankar Kamble was the joint owner of the land of Gat no.323 admeasuirng 69.11 H.R., the estate was duly represented and therefore, absence of Baban Shankar Kamble, would not have effect on the proceedings on this count.

2.

Issue notice to the respondents for final disposal on 29.7.2024.The petitioner to serve the respondents by all permissible modes of law. Till the returnable date, the effect and operation of the impugned order of the M.R.T. dated 9.2.2024 shall stand stayed. Tagg the matter with W.P. No.7532 of 2024, in which also the notice shall be made returnable for final disposal on 29.7.2024.

(AVINASH G. GHAROTE, J.) vai