Bombay High Court
Nathu Nilkanthi Patil Since ... vs Kantilal Zipru Jain Since Decased ... on 9 March, 2021
Bench: R. G. Avachat
CA-2332-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO.2332 OF 2021
AND
WRIT PETITION NO.4691 OF 1996
Nathu Nilkanth Patil,
since deceased through his L.Rs.
1A] Kesharbai Nathu Patil,
Age : 90 years, Occ. Household,
r/o. Vanaval, Taluka-Shirpur,
Dist. Dhule
and others. ..Applicants
Vs.
Kantilal Zipru Jain,
Since deceased through L.Rs.
Pradip Leelachand Jain,
Age:59 years, Occ. Nil,
r/o. Jain Galli, Upper Town,
Shirpur, Tq. Shirpur,
Dist. Dhule
and others ..Respondents
----
Mr.Subodh P. Shah, Advocate for applicants
Mr.G.V.Wani, Advocate for respondent 1(i)
----
CORAM : R.G. AVACHAT, J.
DATE : MARCH 09, 2021
ORDER :-
This application has been moved by the legal
representatives of original petitioner in Writ Petition No.4691 of
2 CA-2332-2021
1996. The applicants hereby seek permission to withdraw the
Writ Petition (4691 of 1996) unconditionally.
2. For unconditional withdrawal of a Writ Petition,
permission of the Court is not necessary. Learned Registrar
(Judicial) of this Court has verified and found that the legal
representatives of the original petitioner seek withdrawal of the
Writ Petition voluntarily. The Writ Petition has been directed
against the judgment and order dated 02.09.1992 passed by
the Tahsildar-cum-A.L.T., Shirpur, confirmed by the Sub
Divisional Officer, Dhule, in Tenancy Appeal No.7 of 1992 and
further confirmed by the Maharashtra Revenue Tribunal in
Tenancy Appeal No.69 of 1994 on 29.07.1993 and 22.02.1996,
respectively.
3. Tenancy Case No.20 of 1992 was preferred by Kautik
Ragha Patil and Nathu Nilkanth Patil. The applicants herein are
the legal representatives of Nathu Nilkanth Patil, petitioner in
Writ Petition No.4691 of 1996. On 02.09.1992, the Tahsildar-
cum-A.L.T., Shirpur, decided the said proceedings against both
3 CA-2332-2021
Kautik and Nathu. It further held that the landlord would be
entitled for possession of the land Gut Nos.26 and 32. The
Tahsildar-cum-A.L.T., Shirpur, directed to handover possession
of the said lands to the landlord.
4. Said decision of Tahsildar-cum-A.L.T., Shirpur, was
challenged in Tenancy Appeal No.7 of 1992 by Nathu Nilkanth
Patil alone. Kantilal Zipad Jain and Ragho Chimana Patil were
respondents in the said appeal. Said appeal came to be
dismissed on 29.07.1993. It was Nathu Nilkanth Patil alone,
who challenged said decision before the Maharashtra Revenue
Tribunal. He was, however, unsuccessful therein. He,
therefore, preferred Writ Petition (4691 of 1996). On his
demise, present applicants came on record of the Writ Petition
as his legal representatives and seek permission to withdraw
the Writ Petition.
5. It is stated to be a case of joint tenancy. Neither
Kautik Ragha Patil nor Ragho Chimana Patil have ever
challenged the decision of the A.L.T. dated 02.09.1992. It is
4 CA-2332-2021
informed that both of them have not been in picture since then.
In the aforesaid backdrop, the applicants are permitted to seek
withdrawal of the Writ Petition. Disposal of the Writ Petition as
withdrawn may not affect the rights, if any, of Kautik Ragha
Patil or Ragho Chimana Patil.
6. Civil Application for withdrawal of Writ Petition is
allowed. Writ Petition No.4691 of 2021 stands disposed of as
withdrawn.
[R.G. AVACHAT, J.]
KBP
