Mahadev Anna Thonge And ANR v. Nagnath Bhagwat Bhil And ORS

6-wp4003-2025.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4003 OF 2025 Mahadev Anna Thonge & Anr.

... Petitioners V/s.

Nagnath Bhagwat Bhil & Ors.

... Respondents Mr. Prasad Kulkarni with Mr. Nakul V. Shukla for the petitioners.

Digitally signed by ATUL GANESH KULKARNI Date:

2025.03.25 16:36:10 +0530 ATUL GANESH KULKARNI Mr. O.A. Chandurkar, Additional G.P. with Smt. G.R. Raghuwanshi, AGP for respondent No.12-State.

CORAM

: AMIT BORKAR, J.

DATED : MARCH 25, 2025 P.C.:

1.

Issue notice to the respondents, returnable on 17 June 2025. 2.

Prima facie, it appears that the Civil Court in Regular Civil Suit No.106 of 2021 by way of interim order protected petitioners' possession over the suit property, which is also subject matter of proceedings under Section 138 of the Maharashtra Land Revenue Code, 1966. Despite the Civil Court's order being pointed out to the Commissioner, the Commissioner, by the impugned order, set aside the order under Section 138 of the MLRC granted in favour of the petitioner.

3.

Hence, until further orders, there shall be interim relief in terms of prayer clause (b).

(AMIT BORKAR, J.)