Sunil Maruti Rajpure And ANR v. Dashrath Ramu Rajpure And ORS

by VARSHA VIJAY RAJGURU Date:

2025.08.04 17:17:22 +0530 VARSHA VIJAY RAJGURU 11-wp-10221-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10221 OF 2025 Sunil Maruti Rajpure and Anr ... Petitioners vs.

Dashrath Ramu Rajpure and Ors ... Respondents Mr. P.B. Gujar and Ms. Yogita Tembe for Petitioners. Mr. Rushikesh C. Barge for Respondents.

CORAM : GAURI GODSE, J.

DATED : 28th JULY 2025 ORDER:

1.

Heard. Arguable points are raised. Hence, Rule. 2.

Rule on interim relief in terms of prayer clause(d) is made returnable on 24th November 2025.

3.

In addition to the court notice, learned advocate for the petitioners to serve the respondents, by private notice and file affidavit of service, before the next date.

4.

Learned counsel for the petitioners relies upon the decision of this court in case of Akshay Soma Abhivant Vs The State of Maharashtra through its Revenue Minister1, to support his prayer in Writ petition No. 7844 of 2023, dated 31st July 2024. Page no. 1 of 2

11-wp-10221-2025.doc the petition. He submits that if the application is filed on the ground that there was already an existing road; an application under Section 143 of the Maharashtra Land Revenue Code, 1966 ('MLRC') would not be maintainable. He therefore seeks interim relief.

5.

On perusal of the prayers in the application under Section 143 of the MLRC and the impugned order, prima facie, I find substance in the arguments raised on behalf of the petitioners. 6.

Hence, till next date there will be ad-interim relief in terms of prayer clause (d).

(GAURI GODSE, J.) Page no. 2 of 2