Mayur Sharad Balwadkar v. Ramesh Maruti Pokale And ORS

S.S.Kilaje 8.1-WP-11361-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11361 OF 2024 Mayur Sharad Balwadkar ... Petitioner

Versus

Ramesh Maruti Pokale and Ors.

... Respondents ...................

Mr. Ashok Tajane a/w. Mr. Yogesh Thorat, Advocate for the Petitioner. Mr. J. P. Patil, AGP for Respondent Nos. 2 to 4 - State.

CORAM

: R. M. JOSHI, J.

DATED : 19th AUGUST, 2024.

P.C. :

1.

Heard learned counsel for the petitioner.

2.

Learned counsel for the petitioner submits that though the Additional Collector, Pune in the proceeding before him u/s. 256(2) of the Maharashtra Land Revenue Code has made observation indicating that this is a case where stay to the order dated 15.01.2024 deserves to be granted but in operative part stay is refused. He further drew attention of this Court to the document that is Index (2) showing transfer of the property in question by Ramesh Maruti Pokale in favour of Sanjay M. Satav. It is his contention that this transfer has been effected contrary to the order of injunction passed by the Civil Court. According to him any further transfer of property and recording of mutation thereof would complicate the issue. Corrected / modified as per speaking to minutes order dated 22.08.2024 1/2

S.S.Kilaje 8.1-WP-11361-2024.doc 3.

Having regard, an arguable case is made out by the petitioner. Hence, till next date of hearing Revenue Authorities are hereby restrained from taking mutation entry in respect of the property bearing Survey No.90/1 situated at Village Wagholi, Taluka Haveli. 4.

Issue notice to the respondents, returnable on 26th September, 2024.

( R. M. JOSHI, J.) SONALI SATISH KILAJE by SONALI SATISH KILAJE Date:

2024.08.23 12:07:37 +0700 Corrected / modified as per speaking to minutes order dated 22.08.2024 2/2