Shilpakala Gruhanirman Sanstha Thr Pundalik Eknath Talele v. Janardhan Deorao Kamble And Others

2026:BHC-AUG:10797 wp 2500.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 110 WRIT PETITION NO. 2500 OF 2026 Shilpakala Gruhanirman Sanstha Thr Pundalik Eknath Talele

VERSUS

Janardhan Deorao Kamble And Others ...

Advocate for Petitioner : Mr. A.A. Fulfagar AGP for Respondents: Mr. S.N. Kendre Advocate for Respondent-1 : Mr. A.P. Bhandari h/f V. P. Kale ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : March 09, 2026 PER COURT :- 1.

Present writ petition takes exception to the order dated 11.02.2026 passed by learned Additional Divisional Commissioner, Chhatrapati Sambhajinagar in matter Revision no.2025/ROR/Rev/CR-413, whereby stay application preferred by the petitioner has been rejected.

2.

Undisputedly, revision application in respect of the mutation entry is pending before Additional Commissioner, Aurangabad. Previously, selfsame mutation entry was subjected to challenge before the Revenue authorities and Additional Collector, Chhatrapati Sambhajinagar disposed off appeal vide order dated 7.8.2003 observing that the mutation entry no.868 and 885 shall be subject to final decision of

wp 2500.26.odt pending civil suit between the parties. Admittedly, petitioner/ plaintiff had instituted R.C.S. No.409 of 2001 seeking relief of perpetual injunction against the respondent. In that suit first issue was framed as to 'whether plaintiff proved his title and possession over the suit property.' This issue is decided in negative holding that plaintiff could not prove his ownership and title. The order passed in the suit has attained finality. In this backdrop, learned Additional Divisional Commissioner refused to continue interim order of stay or protect the mutation entry standing in the name fo petitioner. 3.

Considering the reasons supplied in impugned order, this Court do not find any jurisdictional error or perversity that can be looked into in writ jurisdiction of this Court. Needless to state here that learned Additional Divisional Commissioner is expected to decide the pending revision expeditiously and in any case within a period of six weeks from today. All points are kept open. In that view of the matter, writ petition stands disposed of.

( S. G. CHAPALGAONKAR, J. ) ...

AAA/-