Shrikurshana Laxman Kuware v. Santosh Tejrao Deshmukh

2026:BHC-NAG:1358 1 46-sa 383.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR SECOND APPEAL NO. 383 OF 2025 ( Shrikrushna Laxman Kuware vs. Santosh Tejro Deshmukh ) WITH SECOND APPEAL (STAMP) NO. 22601 OF 2024 ( Shrikrushna Laxman Kuware vs. Santosh Tejro Deshmukh ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.

Ms. S. W. Deshpande, Advocate for appellant.

Mr. Gopal Mishra, Advocate for respondent.

CORAM : ROHIT W. JOSHI, J.

JANUARY 28, 2026 1) Learned counsel for the appellant after arguing for some time, seeks leave to withdraw the appeals with liberty to take appropriate steps under the Maharashtra Land Revenue Code, 1966 to oppose proceedings seeking permission for transfer of property and also for restoration of possession on the ground that the defendant is a 'tribal' within the meaning of Section 36A of the M.L.R. Code and agreement of sale coupled with possession.

2) The permission to withdraw the appeals is granted with liberty as prayed.

3) Needless to mention that any proceeding initiated by the defendant/appellant in this regard will be decided after affording an opportunity of hearing to the respondent/original plaintiff. Contention of respondent that appellant is not a tribal is kept open.

4) Pending Civil Applications are disposed of.

( ROHIT W. JOSHI, J. ) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 28/01/2026 18:52:45