Paresh Krushnarao Sitaram Rathod ... vs The Additional Commissioner, ...
2023 Latest Caselaw 2394 Bom

                                                                                               (1)                                                  28wp1551.23

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

                                               WRIT PETITION NO. 1551 OF 2023
  Paresh Krushnarao Sitaram Rathod and anr__ Vs. __The Additional Commissioner
                                    and ors
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Office Notes, Office Memoranda of Coram,                                                                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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           Mr. S.M.Vaishnav, Advocate for petitioners
           Mrs. M.A.Barabde, AGP for respondent nos. 1 to 4


                                                                           CORAM :                     AVINASH G. GHAROTE, J.

                                                                           DATE  :                     13/03/2023

                                                   1]                           Heard Mr. Vaishnav, learned counsel for
                                                   the petitioners.


                                                   2]                           Though a finding inter se in a suit

bearing RCS No. 19/2000 between the Respondent Nos. 6 & 7 on the one hand and father of the petitioner nos. 1 and 2 on the other, has been rendered in the judgment dated 2.9.2002 that it is the father of the petitioners who was in possession of the land of Field Survey No. 265, admeasuring 1.61 H.R, Mouza Fulumari Tq. Manora Dist Washim (paras 12 & 13, pg. 37) on the basis of a possession receipt dated 27.1.1996 Exh.94 executed by Dayaram Dhansing Rathod, the father of respondent nos. 6 to 8, the authorities below have directed the name of the petitioner nos. 1 and 2 to be deleted from the 7/12 extract even in (2) 28wp1551.23

respect of their possession, which is contrary to the finding rendered by the Civil Court of competent jurisdiction, considering which issue notice for final disposal returnable on 27.3.2023.

3] Learned AGP waives notice for respondent nos.1 to 5.

4] Since the Civil Court has rendered a finding regarding the father of the petitioners being in possession after whose demise the petitioners are in possession of the aforesaid agricultural land, the possession of the petitioners shall not be disturbed till the returnable date.

JUDGE Rvjalit

Digitally sign byRAJESH VASANTRAO JALIT Location:

Signing Date:14.03.2023 14:21