Amit Omprakash Agarwal And ORS v. Sitabai Khandu Dhore And ORS

HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7036 OF 2025 WITH INTERIM APPLICATION NO.13849 OF 2025 WITH INTERIM APPLICATION (ST.) NO.12025 OF 2026 Amit Omprakash Agarwal And Ors.

.. Petitioners

Versus

Sitabai Khandu Dhore And Ors.

.. Respondents ....................

 Ms. Swati Sagvekar, Advocate for Applicants.

 Ms. Savita Prabhune, AGP for Respondent - State.  Mr. Omkar Kulkarni, Advocate for Respondent No.17. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : APRIL 30, 2026 P.C.

:

1.

Heard Mr. Sagvekar, learned Advocate for Applicants; Ms. Prabhune, learned AGP for Respondent - State and Mr. Kulkarni, learned Advocate for Respondent No.17.

2.

Though learned AGP in view of the directions contained in the order dated 30.07.2025 (Coram : N. J. Jamadar, J.) and previous order passed by this Court on 28.04.2026, after taking instructions informs the Court that there appears to be some issue with respect to service effected on the parties and from the record it is seen that the Petitioners were not served. In that view of the matter in her usual fairness informs the Court that appropriate orders be passed in accordance with law.

3.

Petitioners are before me. Respondent No.1 has expired in the meanwhile. Interim Application No.13849 of 2025 is filed for bringing her legal heirs is on record. For the reasons mentioned in the Application, Interim Application No.13849 of 2025 is allowed in terms of prayer clause (a). Necessary amendment is permitted to be carried out forthwith in the Petition in presence of Court. Reverification stands dispensed with.

4.

Learned Advocate for Intervenor and other Respondent present before the Court shall take cognizance of the same. 5.

In view of the statement made by the learned AGP on instructions, the Competant Authority is directed to hear the parties afresh. The impugned order dated 30.05.2024, inter alia, with regard to mutation is quashed and set aside. Sub-Divisional Officer, Maval - Mulshi, Sub-Division, Pune is directed to hear not only the Petitioner but Respondent as also the Intervenor duly represented by Ms. Sagvekar in the Appeal proceedings for mutation entry. 6.

Accordingly, Interim Application (Stamp) No.12025 of 2026 of the Intervenor to be heard in the present matter is also taken up for hearing and stands allowed and disposed.

7.

All contentions of both the parties with respect to various mutation entries which are subject matter of appeal proceedings before the Sub-Divisional Officer are expressly kept open including that of the

Intervenors also.

8.

After hearing all parties, Sub-Divisional Officer is directed by this Court to pass a reasoned / speaking order within a period of four weeks from the date of completion of hearing. The aforesaid exercise is directed to be completed within a period of six weeks from today. 9.

With the above directions, Writ Petition is disposed. Interim Applications are also disposed.

H. H. SAWANT [ MILIND N. JADHAV, J. ]