Maya Shantilal Pawar vs Mithun Keshav Pawar And Another
2021 Latest Caselaw 14392 Bom

                                                                35 WP 10960 21.odt

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                      35 WRIT PETITION NO.10960 OF 2021
                            MAYA SHANTILAL PAWAR
                                      VERSUS
                     MITHUN KESHAV PAWAR AND ANOTHER
                                        ...
                   Advocate for Petitioner : Palodkar Devdatt P.
                AGP for Respondent No. 2/State : Mr. K.B. Jadhavar.

                              CORAM          : MANGESH S. PATIL, J.

                              DATE           : 04.10.2021.
PER COURT :

         Heard.

2. The petitioner who is allegedly deserted by the husband is having two daughters. She has filed a suit against the husband and the respondent No. 1 who happens to be her brother in law inter alia assailing the sale-deed executed by the husband in favour of the respondent No. 1. Incidentally, after such sale-deed the self same land under the sale has been acquired by the M.I.D.C. She raised an objection for its disbursement and by virtue of provisions of Section 35 of the Maharashtra Industrial Development Act, the Land Acquisition Officer made a Reference to the Civil Court. The suit as well as this Reference were pending before the Civil Court. However, by the impugned judgment and order only the Reference is allowed to be decided. The objection of the petitioner has been rejected.

2. The learned advocate for the petitioner submits that till date the amount has not been disbursed.

3. In view of above state of affairs, issue notice to the respondents, returnable on 16.11.2021. The learned A.G.P. waives service for the respondent No.2. Till the next date, if the amount is not already disbursed, it shall not be disbursed.

35 WP 10960 21.odt

4. In addition to the regular mode of service, the petitioner shall serve the respondent No 1 privately and shall file affidavit of service along with affidavit, failing which the interim relief may not be continued.

(MANGESH S. PATIL, J.)

mkd/-