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Bombay High CourtWP/9278/2024disposed off

Babaso Sallauddin Shiledar And ORS v. Shahanawaj Zumberlal Sanadi And ORS

2024-07-26Hon'Ble Shri Justice Amit Borkar2 pages

29-wp-9278-2024.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9278 OF 2024 Babaso Sallauddin Shiledar & Ors.

... Petitioners V/s.

Shahanawaj Zumberlal Sanadi & Ors.

... Respondents Mr. Shubham R. Dhenge i/by Akash M. Murudkar for Petitioners.

CORAM

: AMIT BORKAR, J.

DATED : JULY 26, 2024 P.C.:

1.

By the impugned order the Trial Court has rejected petitioners' application to maintain status-quo in relation to the order passed by the Revenue Authority in a proceeding under Section 54 of the Code of Civil Procedure, 1908 for execution of decree for partition and separate possession. 2.

If the petitioners are aggrieved by the legality and validity of the order passed by the Tehsildar, remedy of the petitioners is to approach the Superior Authorities under the provisions of the Maharashtra Land Revenue Code, 1966 ("Code"). No relief in relation to validity or legality of the order passed by the Revenue Authorities in exercise of power under the Code can be granted by the Civil Court. Hence, rejection of application by the Appellate Court requires no interference.

29-wp-9278-2024.doc 3.

The writ petition stands dismissed.

(AMIT BORKAR, J.)