Uttam Pandurang Jagdale v. Vijay Talu Barge And ORS

9-WP-6717-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6717 OF 2025 Shri. Uttam Pandurang Jagdale

...Petitioners

Versus

Shri. Vijay Talu Barge & Ors

...Respondents

Mr. Rohit Gorade, Advocate for the Petitioners. Mr. A.K. Naik, AGP for Respondent-State.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : MAY 28, 2025 (VACATION COURT) PC :

1.

Having heard the parties for some time, it would be appropriate to direct, purely as a pro tem measure (without expressing any opinion on the merits of the matter) that the possession of the piece of land through which a right of way is meant to be created, scheduled for May 29, 2025, be deferred to June 11, 2025. 2.

This deferment is purely to accommodate a fair and appropriate hearing of the Revision Application, which is scheduled for Digitally signed by AARTI GAJANAN PALKAR Date:

2025.05.28 17:02:36 +0530 MAY 28, 2025 Aarti Palkar AARTI GAJANAN PALKAR

9-WP-6717-2025.doc hearing on June 4, 2025, so that the statutory remedy could be availed of, without unruly interfering in the matter. 3.

In these circumstances, taking on record the scheduled date of hearing for the Revision Application as on June 4, 2025, the notice dated May 9, 2025 which indicates a deadline of May 29, 2025 at 11.00 a.m. for carrying out the execution stands deferred to June 11, 2025 at 11.00 a.m. It is expected that the Revision Application shall be heard expeditiously and orders be passed in it, preferably within four weeks from June 4, 2025.

4.

It is made clear that nothing contained in this order is an expression of opinion on the merits of the matter or the relative strength of the parties and all contentions on merits are kept open to be agitated before the appropriate authority.

5.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] MAY 28, 2025 Aarti Palkar