Namdev Baban Khalate And ANR v. Dilip Narayan Khalate And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.18880 OF 2024 Namdev Baban Khalate and Anr.

.. Petitioners Vs.

Dilip Narayan Khalate and Ors.

.. Respondents Mr. Vaibhav R. Gaikwad, Advocate for the Petitioners. Mr. N.C. Walimbe, Additional Government Pleader with Mr. S.P. Kamble, Assistant Government Pleader for the Respondent-State of Maharashtra. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 17TH DECEMBER 2024.

P.C. :

1.

The present petition has been filed on the ground that the Revision Application filed by the petitioners is pending before the respondent no.5Additional Collector, Pune and the next date of hearing is 26th December 2024. It is submitted on behalf of the petitioners that in the meanwhile a notice has been issued by respondent no.6-Circle Officer, Baramati stating therein that possession of the subject property would be taken up tomorrow which is 18th December 2024 at 11:00 a.m. 2.

Considering the nature of directions proposed to be issued, the service of notice on respondent no.1 is dispensed with. 3.

The respondent no.5 is directed to hear the stay application of the petitioners on the scheduled date of the hearing which is 26th December 2024 and decide the same in accordance with law within a period of four weeks therefrom, after granting an opportunity of hearing to all concerned parties.

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4.

In the meanwhile, no coercive steps be taken against the petitioners in respect of the subject property till the stay application is decided by respondent no.5. This direction shall not influence the respondent no.5 and all points on merit are kept open.

5.

The writ petition is disposed of with aforesaid directions. Parties to act on authenticated copy of this order.

[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] SNEHA ABHAY DIXIT SNEHA ABHAY DIXIT Date: 2024.12.18 20:14:36 +0530 2/2 901-WP-18880-2024.doc Dixit