Prakash Madhukar Deshpande v. State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2009 OF 2026 IN REVIEW PETITION (L) NO. 4668 OF 2026 IN WRIT PETITION NO. 12996 OF 2024 Prakash Madhukar Deshpande Age : 71 Years, Occ: Freelance, R/at: 1, Manas Vihar, Plot No.40, Sector 16, Chikhali Pradhikaran, Raje Shivajinagar, Pune - 411 019.

... Applicant (Org. Petitioner)

Versus

1. State of Maharashtra (Through Hon'ble Pune District Collector, Collector Office, Pune 411 001.

2. Talathi, Wadgaon Bk

3. Circle Officer, Wadgaon Bk.

Talathi Office, Vithal Mandir Premises, Vithalwadi, Pune 411 051.

4. Tahasildar (Haveli) Shukrawar Peth, Tahasildar Office, Pune 411 002.

5. Sub Divisional Officer (Haveli) 7, Nilgiri Bungalow, Ranicha Baug, Behind Alpa Bachat Bhavan, Pune 411 001.

... Respondents MANE SONALI DILIP MANE SONALI DILIP Date: 2026.03.23 17:24:47 +0530 1/3

-------- Mr. Prakash M. Deshpande, Petitioner in person present. Ms. Kavita Salunke, Addl. G.P. a/w Mr. A. A. Alaspurkar, AGP for Respondent-State.

-------- CORAM : SUMAN SHYAM & S. M. MODAK, JJ.

DATE : 13th MARCH, 2026.

P.C. (Per S. M. Modak J.) :- 1.

Heard Mr. Deshpande-Applicant in person and also heard Mr. Alaspurkar learned AGP for Respondents.

2.

This Court had disposed of the Writ Petition No. 12996 of 2024 filed by the Review Petitioner by the order dated 10th December 2025. In the Writ Petition Review Petitioner had prayed for issuing writ of mandamus to remove several mutation entries from the revenue record. The Writ Petition was not entertained by this Court for two reasons. One, there is remedy of an Appeal available as per the provisions of Section 247 of MLR Code, 1966. The second reason was that the suit filed by the Applicant was pending before Civil Court at Pune.

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3.

It transpires that Regular Civil Suit No. 1727 of 1996 was disposed of on 16th January 2026 (after disposal of Writ Petition). It appears that the Civil Court has declared the power of attorney and the sale deed as illegal, void ab-initio and not binding on the Plaintiff (Review Petitioner). The Defendants therein have, accordingly, been restrained from disturbing the Plaintiff's possession. The Defendants therein are also restrained from creating third party interest in the suit property. Therefore, it is apparent that after the Writ Petition was disposed by this Court, the Review Petitioner has already got the relief from the Civil Court.

4.

In view of the decree passed by the Civil Court, the mutation entries will now have to be corrected by following the provision of the Maharashtra Land Revenue Code. Therefore, the prayer made in the Writ Petition would automatically work out. After going through the order gets 10th December 2025, we do not find any good ground for review in the said order. The Review Petition is therefore held to be without any merit. Hence, the same stands dismissed. (S.M.MODAK,J.) (SUMAN SHYAM, J.) 3/3