Digamber Ramji @ Rama Phedewad ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 9166 Bom

                                                                    781.21WP.odt
                                           1


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                   931 CRIMINAL WRIT PETITION NO.781 OF 2021

                   DIGAMBER RAMJI @ RAMA PHEDEWAD
              DIED THROUGH L.Rs. SHANTABAI W/O. DIGAMBER
                           PHEDEWAD & OTHERS
                                   VERSUS
                  THE STATE OF MAHARASHTRA & OTHERS
                                      ...
          Mr.Arvind S. Deshmukh, Advocate for the petitioners
          Mr.M.M.Nerlikar, APP for the respondent-State.
                                      ...

                                      CORAM : V. K. JADHAV AND
                                              S. G. DIGE, JJ.

DATED : 14.07.2021 PER COURT :

1] We have heard learned counsel for the petitioners for sometime.

2] This pertains to the civil dispute between the parties. It appears that after the First Appeal was decided against the petitioners and the counter claim of respondent no.4 Sheshabai was accepted by the First Appellate Court, the petitioners have preferred Second Appeal, so also, respondent no.4 Sheshabai filed Second Appeal to some extent and said Second Appeals are pending before this Court.

781.21WP.odt

3] Learned counsel for the petitioners has accepted that in those Second Appeals no interim order has been passed. It further appears that the matter is now referred to the Collector under Section 54 of CPC for measurement of land and for completing all the formalities as contemplated under Section 54 of CPC. It is to be noted here that even this Court in the Second Appeals has not passed any order staying the effect of the judgment and decree under appeal to the extent of delivery of possession. Learned counsel for the petitioners has vehemently submitted before us that the other-side along with police entered forcibly in their agricultural land, which is subject matter of the suit, and obstructed their agricultural operation.

4] We request learned counsel for the petitioners to place a copy of the Second Appeals and Civil Applications filed by the petitioners in the pending Second Appeals, pertaining to this incident pursuant to the allegations made in this petition so also the judgment and decree passed by the First Appellate Court.

5] We also request learned counsel for the petitioners to place on record the present status of the proceedings before the Collector in terms of the provisions of Section 54 of the CPC.

                                                                     781.21WP.odt



          6]               Stand over to 11.08.2021.




          [S. G. DIGE, J.]                             [V. K. JADHAV, J.]

          DDC