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Bombay High CourtWP/4905/2025disposed off

Harubai Mahadev Aabnave Died Through His Lrs Subhash Mahadev Aabnave And Others v. Nana Kachru Daud Died Through Lis Lrs Anusaya Nanasaheb Daund And Others

2026-05-05Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2026:BHC-AUG:20123 wp 4905.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 WRIT PETITION NO. 4905 OF 2025 Harubai Mahadev Aabnave Died Through His Lrs Subhash Mahadev Aabnave And Others

VERSUS

Nana Kachru Daud Died Through Lis Lrs Anusaya Nanasaheb Daund And Others ...

Advocate for the Petitioner : Mr. A.A. Khande AGP for Respondents: Mr. S.R. Yadav Lonikar Advocate for Respondents : Mr. K.P. Rodge For R -1(a) To 1(c), 1(d), & 1(e).

...

CORAM

: S. G. CHAPALGAONKAR, J.

Dated : May 05, 2026 PER COURT :- 1.

Present writ petition takes exception to the order dated 1.4.2025 passed in restoration application no.23/L/2025/AN, whereby petitioners application for stay to execution of the order which is subject matter of challenge before Maharashtra Revenue Tribunal has been declined.

2.

Petitioners filed Revision Petition bearing no.22/B/2021/Ahmednagar before the Maharashtra Revenue Tribunal, Chhatrapati Sambhajinagar. Record indicates that post of the Member was vacant till July, 2024 and this matter was posted for hearing on 23.9.2024. On that day petitioners

wp 4905.25.odt advocate was absent. Hence, matter was posted on 27.9.2024. Even, on given date, advocate appearing for petitioners was absent. Consequently, the order dismissing revision for want of prosecution has been passed. Petitioners have already moved an application for restoration of Revision before Maharashtra Revenue Tribunal, which is pending consideration. 3.

In that view of the matter, writ petition stands disposed of. The learned Maharashtra Revenue Tribunal, Chhatrapati Sambhajinagar is requested to decide petitioners application for restoration on it's own merits, within a period of Eight (8) weeks from today.

4.

Till the decision on application for restoration, interim relief granted by this Court under order 9.4.2025, shall remain inforce.

( S. G. CHAPALGAONKAR, J. ) ...

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