Gorakh Tukaram Lokhande And Others v. The Tahsildar And Others.

2025:BHC-AUG:32416 901 CA 13014 OF 2025+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 901 CIVIL APPLICATION NO. 13014 OF 2025 IN RAST/35337/2025 WITH CIVIL APPLICATION NO. 13015 OF 2025 IN RAST/35337/2025 GORAKH TUKARAM LOKHANDE AND OTHERS

VERSUS

THE TAHSILDAR AND OTHERS.

...

Advocate for Applicant : Mr. Shaikh Mazhar A. Jahagirdar AGP for Respondent no. 1: Mr. S.V. Hange ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 26.11.2025 PER COURT :

Heard learned counsel Mr. Jahagirdar.

2.

Learned counsel for the applicants has pointed out exigency in the form of notice dated 27.10.2025 issued by Tahsildar Shrirampur for removal of encroachment scheduled today. My attention is invited to the order passed by the Apex Court on 24.11.2025. The factual error in paragraph no. 12 of the judgment under review is pointed out contending that the property was belonging to a private person and not that of the respondent no. 3. 3.

Considering exigency in the matter and in order to have breathing period for the applicants to resort to the remedy, as is permissible in law, I am inclined to protect the possession for two weeks only. 4.

Issue notice to the respondent nos. 1 to 3 returnable on 10.12.2025 on the application for condonation of delay as well as application for review. Both applications shall be decided peremptorily on 10.12.2025. The learned 1/2

901 CA 13014 OF 2025+.odt A.G.P. waives service for respondent no. 1.

5.

The possession of the present applicants shall stand protected till 10.12.2025, which shall stand thereafter vacated automatically without there being any express order from the Court. It would be open for the applicants in the meantime to file an appropriate application before the Tribunal. Notwithstanding the pendency of the present review application, the Tribunal shall consider the application on its own merits. The applicants shall deposit Rs. 5000/- (Rs. Five Thousand only) each before the Tribunal on or before 28.11.2025. The receipt of which shall be produced on record by the next date. The depositing of the amount is a condition precedent, failure of which would entail vacation of the protection. 6.

The learned counsel for the applicants assures this Court that the applicants shall cooperate with the Tribunal and proceed with the main matter expeditiously. The assurance shall be treated as an undertaking of the applicants.

7.

List this matter o n 10.12.2025, high on board. 8.

Parties to act upon authenticated copy of this order. ( SHAILESH P. BRAHME, J.) mkd/- 2/2