Kamlkar Budhaji Kadu And ORS v. Shankar Pandurang Mumbaikar Decd Thru Lhrs And ORS

10-WP6181-2025.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6181 OF 2025 Kamlkar Budhaji Kadu And Ors.

...Petitioners

Versus

Shankar Pandurang Mumbaikar (Deceased) Through LRs And Ors.

...Respondents

SANTOSH SUBHASH KULKARNI Mr. Jayendra Khairnar, though VC, i/b Mr. Vikas Shivarkar, for the Petitioners.

Mr. Hamid Mulla, AGP for the State/Respondent No.2. SANTOSH SUBHASH KULKARNI Date: 2025.08.26 21:35:28 +0530

CORAM:

N. J. JAMADAR, J.

DATED:

26th AUGUST, 2025 PC:- 1.

Heard the learned Counsel for the parties.

2.

The challenge in this petition is to an order dated 22nd August, 2019 passed by the learned Member, Maharashtra Revenue Tribunal ("MRT") in Revision Application No.344 of 2018, whereby the learned Member, MRT, was persuaded to allow the revision application and set aside the order passed by the Sub-Divisional Officer (SDO) dated 7th September, 2018, whereby the SDO had condoned the delay of about 49 years in filing an appeal against the grant of certificate under Section 32M of the Maharashtra Tenancy and Agricultural Lands Act, 1948.

3.

I have perused the impugned order and the order passed by the SDO.

1/2

10-WP6181-2025.DOC 4.

The petitioner seeks to assail the legality and correctness of the impugned order, after about six years. The instant petition does not deserve to be entertained on the ground of delay and laches 5.

In the totality of the circumstances and having regard to the order passed by the SDO, whereby the delay of almost 49 years was condoned, the petition does not deserve to be entertained as the Petitioner has been espousing highly belated claims.

6.

The petition stands dismissed.

[N. J. JAMADAR, J.] 2/2