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Bombay High CourtIA/3633/2025disposed off

Anantacumari Bai Jaientilal v. Baidas Pancha

2025-04-02Hon'Ble Shri Justice M. M. Sathaye , Hon'Ble Shri Justice A.S. Chandurkar2 pages

1 21 IA-3633-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3633 OF 2025 BHARAT DASHARATH PANDIT Date: 2025.04.04 12:06:53 +0530 IN WRIT PETITION NO. 958 OF 2022 Guirish Jaientilal ....Applicant In the matter of Baidas Pancha Through his power of attorney holder Sushant Shigwan

...Petitioner

V/s Union of India and Others ....Respondents.

Mr. Shrikrishan Ganbavale a/w Mr. Sangramsinh Yadav for the applicant.

Mr H. S. Venegavkar a/w Mr. Harsh Dedhia, Advoates for respondent nos. 1, 2, and 3.

CORAM :

A. S. CHANDURKAR & M. M. SATHAYE, JJ.

DATE : 2nd APRIL, 2025 P.C. :

1] This Interim Application has been filed by the present applicant seeking clarification of the order dated 01/02/2022 passed in Writ Petition No.958 of 2022. By the said order, while issuing Rule in the writ petition, an interim relief was granted in terms of prayer clause (c) of the said writ petition. Prayer clause (c) reads as under:- "(c) pending the hearing and final disposal of the present petition, all proceedings undertaken by the Respondent No.3 initiated pursuant to the directive dated 12th February, 2021 issued by the Respondent No.2 be stayed;"

BDP-SPS 1/2

2 21 IA-3633-2025.doc 2] It is submitted by the learned counsel for the applicant that since the proceedings initiated by the applicant vide application dated 27/01/2025 are independent of the proceedings in the aforesaid writ petition, the review process with regard to land bearing PTS Nos. 144/1 and 144/1/1 be continued. The learned counsel appearing for respondent nos. 2 and 3 on instructions submits that proceedings initiated by the present applicant are independent and not pursuant to the directives issued on 12/02/2021.

3] In that view of the matter, this interim application is disposed of by clarifying that the Applicant's application dated 27/01/2025 be considered on its own merits and the interim order passed in Writ Petition No.958 of 2022 dated 01/02/2022 shall not be a hindrance for the respondent nos. 2 and 3 to consider the said review application. (M. M. SATHAYE, J.) (A. S. CHANDURKAR, J.) BDP-SPS 2/2