Anandibai Nivrutti Kinhale And ORS v. Anjanabai Kinhale Alias Jagtap And ANR

P-1 WP 18369 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 18369 OF 2024 Anandibai Nivrutti Kinhale

...Petitioner

vs.

Anjanabai Kinhale and Anr.

...Respondents

***** Mr. Sarthak Diwan Advocate for the Petitioner Mr. Nitin Gaware Patil a/w Mr.

Divyesh Jain and Mr. Hrushikesh Karhale Advocate for the Respondents ***** CORAM :

S. M. MODAK, J.

DATE :

11th DECEMBER 2024 P. C. :- 1.

Not on board. Taken on board by way of Praecipe considering the urgency because now matter is fixed before the Executing Court on 17.12.2024 for issuing possession warrant.

2.

Learned Advocate Shri Diwan invited my attention to the following two documents:- a) The preliminary decree on page nos. 14 and 18 b) Watap Takta prepared by Revenue Authorities on page no. 93. 3.

There are four lands described in the watap takta. It also contains Seema 1/2

P-1 WP 18369 of 2024.doc the details about total area as per the decree, total area as per record and the land suggested to the share of the plaintiff and land suggested to the share of the defendant. On its reading it appears that the Plaintiff is not allotted shares in respect of three lands. 4.

The Court wants to ascertain why this arrangement is suggested by the Revenue authorities and whether the Parties have given certain statement before the Revenue authorities.

5.

In view of that let the Petitioners to produce copies of the statements recorded by Revenue authorities, if any, on the next date. 6.

In the meantime, both Parties have agreed to take adjournment from the Executing Court. This Court has not gone into merits of the matter and rights of the Parties are kept open. 7.

Matter be kept on 18th December 2024, High on board. [S. M. MODAK, J.] Seema 2/2 Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 13/12/2024 19:41:39