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Bombay High CourtRPW/46/2025disposed off

Jilani Akbar Kokani v. Aslam Akbar Kokani And ORS

2025-07-10Hon'Ble Shri Justice Milind N. Jadhav3 pages

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION REVIEW PETITION NO. 46 OF 2025 IN WRIT PETITION NO. 5741 OF 2023 Jilani Akbar Kokani .. Review Petitioner

Versus

Aslam Akbar Kokani and Ors.

.. Respondents WITH REVIEW PETITION NO. 47 OF 2025 IN WRIT PETITION NO. 5740 OF 2023 Jilani Akbar Kokani .. Review Petitioner

Versus

Aslam Akbar Kokani and Ors.

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

 Mr. Alankar Kirpekar a/w. Mr. S.C. Chandratre, Advocates for Review Petitioner.

 Mr. R.D. Soni, Advocate for Respondents.

....................

CORAM

: MILIND N. JADHAV, J.

DATE : JULY 10, 2025.

P.C.:

1.

I have heard Mr. Kirpekar, learned Advocate for Review Petitioner and Mr. Soni, learned Advocate for Respondent and perused the order dated 06.03.2024.

2.

Application is moved for seeking review of the order dated 06.03.2024 in as much as to seek a direction from the Court with respect to the sustainability of the order dated 31.01.2023 as observed by this Court in paragraph No.10 of the said order.

3.

After hearing parties, it is clarified that the following sentence be added at the end of paragraph No.10 of the order dated 06.03.2024:- "Needless to state that the order dated 31.01.2023 does not determine the substantive rights of the parties and parties shall be at liberty to agitate the same in the appropriate forum / Court as available to them."

4.

In the opinion of this Court, the aforesaid sentence shall be added in the order dated 06.03.2024 passed in Writ Petition No.5741 of 2023 and other companion matters and a fresh copy of the order be uploaded.

5.

In so far as rest of the prayer clauses in the Review Petitions are concerned, Review Petitioners can exercise his right to seek the same in the appropriate forum / Court as available to them in accordance with law.

6.

I am informed that in view of the pendency of the present Review Petitions, the directions contained in the order dated 06.03.2024 have not be acted upon by the Collector/Competent Authorities. Since Review Petitions are now disposed of, the Collector / Competent Authority are directed by this Court to comply with the directions contained in the order dated 06.03.2024 within a period of three months from today.

7.

Copy of this order shall be served on all other parties by the Advocate for the Review Petitioner and placed before the Collector for reference and intimation.

8.

Review Petitions are disposed of in the above terms. [ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2025.07.10 18:19:25 +0530 AJAY TRAMBAK UGALMUGALE