Satyawan Shankar Rathiwadekar v. Gaganbhihari Builders And Developers Throu.Partners And ORS

5-WP-7830-2025.DOC Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7830 OF 2025 Satyawan Shankar Rathiwadekar ..Petitioner

Versus

Gaganbhihari Builders and Developers Through, Partners & Ors

...Respondents

Mr. Sanjiv Sawant, with Samir Suryawanshi and Bhakti Wast, for the Petitioner.

Smt. A.A. Purav, AGP, for Respondent Nos. 12 and 13-State.

CORAM:

N. J. JAMADAR, J.

DATED :

9th JULY 2025 P.C.:

1.

Heard the learned Counsel for the parties.

2.

The challenge in this Petition is to an order dated 4th March 2025, whereby the Additional Collector, Sindhudurg, rejected an Application for stay to the execution and operation of the order passed by the Sub Divisional Officer, Sawantwadi, on 15th October 2024, allowing the RTS ARUN RAMCHANDRA SANKPAL Appeal No. 97 of 2022, in respect of the subject premises. ARUN RAMCHANDRA SANKPAL Date: 2025.07.09 18:13:33 +0530 3.

The Petitioner has instituted a Suit for declaration and injunction. The Respondent Nos. 1 to 7 herein are the party-Defendants to the Suit as well.

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5-WP-7830-2025.DOC 4.

By an order dated 6th March 2020, the learned Civil Judge has restrained the Defendants therein from alienating the suit property. 5.

In these circumstances, the Petitioner has adequate protection. The Court is informed that the RTS Appeal No. 15 of 2025 is scheduled to be listed before the second Appellate Authority on 22nd July 2025. Since the second Appellate Authority rejected the Application for stay to the order impugned before it, it would be appropriate that the Appeal itself be decided as expeditiously as possible. 6.

The second Appellate Authority-Respondent No.12 is requested to hear and decide the Appeal No. 15 of 2025, as expeditiously as possible and preferably within a period of four months from the date scheduled before the Appellate Authority.

7.

Petition disposed.

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