Daula Kondiba Shelke Died Through ... vs Pandit Bhikaji Dakhure And ...
2016 Latest Caselaw 2345 Bom

                                             1                     WP-3635.16.doc


                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY,




                                                                               
                              BENCH AT AURANGABAD

                            WRIT PETITION NO. 3635 OF 2016




                                                       
              Daula s/o Kondiba Shelke (died),
              through His Legal Representatives:-

     1.       Limbajirao s/o Daulatrao Shelke.




                                                      
              Age 58 years, occup. Agriculture,
              R/o Mankeshwar, Tq. Jintoor,
              Dist. Parbhani

     2.       Sambhani s/o Daulatrao Shelke,




                                         
              Age 55 years, occup. Agriculture,
              R/o Mankeshwar, Tq,. Jintoor,
              Dist. Parbhani 
              Bhimabai w/o Daulatrao Shelke [died]     .. Petitioners
                      versus
                            
     1.       Pandit s/o Bhikaji Dakhure,
              Age 59 years, occup. Agriculture,
              R/o Mankeshwar, Tq,. Jintoor,
              Dist. Parbhani
      


     2.       The State of Maharashtra,
              through Additional Tahsildar,
   



              Parbhani                                       .. Respondents
                                   ----
              Mr. V. D. Patnurkar, Advocate for petitioners
              Mr. Prashant H. Sukale, Advocate for respondent no. 1
              Mr. S. K. Tambe, Asstt. Govt. Pleader for respondent no.2





                                   CORAM :        SUNIL P. DESHMUKH, J.

                                   DATE :         5th May, 2016





     ORAL JUDGMENT :

1. Rule. Rule made returnable forthwith. Heard the parties finally,

by consent

2. After hearing learned counsel for parties, it transpires that delay

condonation application in review petition is pending before the

2 WP-3635.16.doc

Maharashtra Revenue Tribunal. Present petition has been filed against

an order which is claimed to be an ex-parte order without notice to the

petitioners staying the effect of original orders passed in revisional

proceedings. There was no presiding officer available in the

Maharashtra Revenue Tribunal at the time of filing of the writ petition.

It is stated that presiding officer in the Tribunal is now available.

3. In the circumstances, situation can be met with by directing the

Maharashtra Revenue Tribunal to decide on the delay condonation

application first.

4. As such, Maharashtra Revenue Tribunal to decide on the delay

condonation application within a period of eight weeks from the date of

receipt of writ of this order. In case delay is condoned, the review

petition be decided thereafter within further period of six weeks.

5. As far as stay application is concerned, it is open to the

petitioners to make a move in respect of the same before Maharashtra

Revenue Tribunal.

6. With aforesaid writ petition stands disposed of. Rule made

absolute accordingly.

SUNIL P. DESHMUKH, JUDGE

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