Ananda Eknath Mankar And ANR v. Late Ramu Alias Rambhau Maruti Mankar Since Decd Thr Lrs And ORS
p-503-cwp-9806-25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9806 OF 2025 Ananda E. Mankar and Anr.
... Petitioners V/s.
Late Ramu @ Rambhau Maruti Mankar (Since deceased through his Lr.s) and ors.
... Respondents Digitally signed by DINESH SADANAND SHERLA Date:
2025.07.16 18:28:29 +0530 DINESH SADANAND SHERLA ---------------- Mr. Nachiket Khaladkar for the Petitioner.
Mr. N.C. Walimbe, Addl.G.P. a/w. V.G. Badgujar, AGP for the Respondent/State.
----------------
CORAM
:
M.S. KARNIK & N.R. BORKAR, J.J.
DATE :
16th JULY, 2025.
P.C.
1.
Not on board. In view of urgency, taken on production board.
2.
Heard learned counsel for the petitioners.
3.
Issue notice to the respondents, returnable on 5th August 2025. Learned AGP waives service of notice on behalf of respondent Nos.24 to 29.
4.
In addition to Court notice, private notice on remaining respondents is permitted.
5.
It is submitted that the Sub-Divisional Officer ("SDO" for short) condoned the delay of 60 to 66 years in preferring the R.T.S. Appeal. It is submitted that against the said order, the DSS 1/2
p-503-cwp-9806-25.doc petitioner preferred the revision application before the Hon'ble Minister and the same is pending. It is further submitted that even before the application for stay could be heard by the Hon'ble Minister, the SDO has proceeded to hear the matter on merits and now closed the matter for pronouncing final order. It is further submitted that this would defeat the remedy of the petitioners before the Hon'ble Minister.
6.
No doubt, the order passed by the SDO can be challenged before the higher forum, however, the challenge to the order condoning the delay is still pending. With a view to examine the matter further after hearing the respondents, we find it appropriate that till the next date, the SDO shall not pronounce the final order.
(N.R. BORKAR, J.) (M.S. KARNIK, J.) DSS 2/2