Abdul Anis S/O Abdul Khalik And ... vs Gaffar Ali S/O Jabbar Ali Thr. ...
2021 Latest Caselaw 17781 Bom

                                                                                                         17wp 4645.2021.odt
                                                                1

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH : NAGPUR

                                         Writ Petition No. 4645/2021

                                 Abdul Anis s/o Abdul Khalik and anr.
                                                 ..VS..
                                   Gaffar Ali s/o Jabbar Ali and ors.
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Office Notes, Office Memoranda of                                     Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order__________________________________________________________
                                          Shri S.A. Mohta, Advocate for the petitioners


                                           CORAM :              AVINASH G. GHAROTE, J.

DATED : 21/12/2021

Heard Shri Mohta, learned Counsel for the petitioners, who submits that, impugned order dated 18.03.2020, passed by the learned Maharashtra Revenue Tribunal (MRT)/respondent no. 7, whereby the order of the Sub-Divisional Officer (SDO) dated 26.07.2018 is set aside and the matter is remanded back for the purpose of deciding as to whether the petitioners/revision applicants, the legal heirs of one Gaus Mohammad were in defiance of the judgment of Civil Court dated 19.11.2015 in R.C.S. No. 79/2012, which had been instituted by the petitioners, as the legal heirs of the said Gaus Mohammad, accepting which, the decree has been passed in favour of the petitioners & the impugned order, does not indicate the consideration of the decree as passed in R.C.S. No. 79/2012, though it is contended that the same was placed before the M.R.T.

SMGate 17wp 4645.2021.odt

2. Issue notice to the respondents, returnable in four weeks.

3. There shall be a stay to the order dated 18.03.2020 passed by the Maharashtra Revenue Tribunal, Nagpur.

4. Ms. H.N. Jaipurkar, learned AGP waives service of notice for respondent nos. 7 to 9.

                                                               JUDGE




                   Digitally signed
                   by SANDIP
         SANDIP    MAHADEV
         MAHADEV   GATE
         GATE      Date:
                   2021.12.21
                   18:08:51 +0530




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