Shri. Bhika Bhaguji Nikam Decd ... vs Ld. Tahesildar Of Devla Dist. ...
2022 Latest Caselaw 7016 Bom

                                                       24-WPST 9809-21.odt



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION

                  WRIT PETITION (ST) NO. 9809 OF 2021

Shri. Bhika Bhaguji Nikam
Decd Thru Lhr Shri. Anaji Bhika Nikam              .. Petitioner
        V/s
Ld. Tahesildar Of Devla Dist.Nashik & Ors.         .. Respondents

                            *******
Mr. Manoj Patil i/b Mr. Gaurav Nankar for the Petitioner.
Smt. V. S. Nimbalkar, AGP for State-Respondent No.1.

                               *******
                             CORAM: ABHAY AHUJA, JJ.

DATE : 20th JULY, 2022 P.C. :-

1. Pursuant to judgment and order dated 6th August, 2003 by

the Civil Judge Junior Division, Chandwad, declaring

Petitioner's share to the extent of 10/45 in the subject

properties, Darkhast proceeding no. 108 of 1994 was

recommenced before the Tahasildar for Watap Takta. On 16 th

January, 2020, the Tahasildar Devla heard the matter and

passed a final order dated 25th September, 2020 closing the

Darkhast proceedings inter alia on the ground that civil suit no.

4 of 2005 filed by Respondent No. 3 was pending before the Civil

Judge, Junior Division, Chandwad.

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2. Mr.Patil, learned counsel for Petitioner submits that

Petitioner is aggrieved by the said order dated 25 th September,

2020 in as much as on the basis that Watap Takta would be

prepared in accordance with the decree obtained by the

Petitioner, Petitioner had withdrawn the execution proceedings

filed pursuant to the judgment and order dated 6th August, 2003.

3. Having heard the learned counsel for Petitioner, issue

notice to the Respondents, returnable on 17th August, 2022.

Smt. Nimbalkar, learned AGP waives service of notice for

Respondent No.1. Hamdast is permitted.

4. List the matter on 17th August, 2022.

Digitally signed by

(ABHAY AHUJA, J.) NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date:

2022.07.25 10:17:55 +0530

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