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Bombay High CourtWP/10476/2024transfer to other court

Vinod Gokul Sarde And ANR v. Shantabai Ramkisan Patil And ORS

2024-07-26Hon'Ble Shri Justice Milind N. Jadhav2 pages

913-WP-10476-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

VASANT ANANDRAO IDHOL CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10476 OF 2024 Vinod Gokul Sarde And Anr.

...Petitioners

Versus

Shantabai Ramkisan Patil And Ors.

...Respondents

VASANT ANANDRAO IDHOL Date: 2024.07.26 14:51:25 +0530 ------ Mr. Ajay A. Joshi, for the Petitioner.

Mr. R. S. Pawar, A.G.P. for the Respondent -State. -------

CORAM

:

AVINASH G. GHAROTE, J.

DATE :

26th JULY 2024 P.C.

:

1.

Heard Mr. Ajay A. Joshi, the learned counsel for the petitioner. The petition questions the branding as loan transaction of Sale Deed dated 02.11.2024 (page 19), executed by the respondent No.1 in favour of the petitioner, which was in respect of Survey No.200, admearuing 0.20-R in pursuance to which mutation was already effected in the name of the petitioner, who was in cultivating possession of the same from the date of Sale Deed. The learned counsel for the petitioner submits, that there is no finding by the Authorities below to the effect that in respect of the Sale Deed 02.11.2024, the respondent No.1 Sajakali Jamadar

913-WP-10476-2024.doc remained in possession. Since 2004, till 2014. There is no objection raised by respondent No.1, to the aforesaid transaction, which is now being dubbed as money lending transaction, with interest at 3% p.a. till repayment. It is contended that there is also no averment, that from 2004 till 2014 any payment has been made to the petitioner on account of interest and no receipt therefor has been placed on record. It is contended that the impugned orders do not consider this position, while branding the transaction as that of money lending and therefore, directing delivery of possession.

3.

Issue notice for final disposal, returnable on 19.08.2024, The learned AGP waives notice for respondent Nos.2 and 3. The petitioner to serve the respondent No.1 by all modes permissible in law.

4.

Till the returnable date, by way of an ad-interim order, there shall be stay in terms of prayer clause (B). (AVINASH G. GHAROTE, J.) Sajakali Jamadar