Muktabai Nagnath Kulal And Ors vs Vasudeo Vitthal Relakar And Ors
2018 Latest Caselaw 55 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION

                                     WRIT PETITION NO. 13401 OF 2017

Muktabai Nagnath Kulal & Ors.                                                                  ...           Petitioners
           V/s.
Vasudeo Vitthal Relakar & Ors.                                                                 ...           Respondents


Mr.Ashok B. Tajane for the Petitioners.
Ms.A.R.S. Bakshi for Respondent No.1.
Mr.A.R. Metkari, A.G.P. for Respondent No.6 (State).


                                   CORAM   : DR.SHALINI PHANSALKAR-JOSHI, J.

                                   DATE       : 4th JANUARY, 2018.


ORAL JUDGMENT :-

1]                     Rule. Rule made returnable forthwith. 


2]                     Heard   finally   at   the   stage   of   admission   itself   with   the

consent of learned counsel for both the parties.

3] By this petition filed under Article 227 of the Constitution

of India, the Petitioners are challenging the order dated 30 th June,

2017, passed by the Court of Jt. Civil Judge Junior Division, Barshi,

below Exhibit-63 in Regular Civil Suit No. 21 of 2012.

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4]                     It is submitted by learned counsel for the Petitioners that

the Petitioners have no objection for measurement of the suit land, as

per order passed by the trial Court, provided the boundaries of Gat

No.408 shall first be fixed after the measurement. It is submitted that

the Petitioners are also ready to pay the requisite fees for measurement

of Gat No.408 and accordingly, they had filed application at Exhibit

111 before the trial Court. It is submitted that the said application be

decided by the trial Court before the measurement of the suit land, as

directed by the trial Court vide impugned order dated 30 th June, 2017

is carried out.

5] Learned counsel for the Respondents objects to the same.

6] However, in order to put an end to the controversy,

considering the fair submission made by learned counsel for the

Petitioners, it would be proper to dispose of this Writ Petition by

directing the trial Court to decide the application filed by the

Petitioners on 27th November, 2017 at Exhibit 111 (the copy of which is

produced in this Writ Petition at Exhibit "M") as expeditiously as

possible within two weeks after receipt of this order.

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7]                     The Writ Petition is, accordingly, allowed. The trial Court is

directed to decide the above said application, as expeditiously as

possible, and within two weeks from the receipt of this order. Till the

decision on the said application, the execution of the order passed by

the trial Court below Exhibit 63 relating to measurement of the suit

land is stayed.

8]                     Rule is made absolute in above terms. 



                                               [DR.SHALINI PHANSALKAR-JOSHI, J.]