Shashikant Trambak Deshmukh And Ors vs Balkrushna Pandurang Mundhe And Ors
2024 Latest Caselaw 364 Bom

Bombay High Court

Shashikant Trambak Deshmukh And Ors vs Balkrushna Pandurang Mundhe And Ors on 8 January, 2024

Author: M.M. Sathaye

Bench: Nitin Jamdar, M.M. Sathaye

                                       1                    58. WP 4449.23.doc

JPP


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          CIVIL APPELLATE JURISDICTION

             WRIT PETITION NO. 4449 OF 2023

Shashikant Trambak Deshmukh and Ors.                 ... Petitioners

        V/s.

Balkrushna Pandurang Mundhe and Ors,                 ... Respondent

Ms. Sakshi Thombre i/b. PNP and Associates for the Petitioners
Mr. Saurabh Oka for Respondent Nos. 1,2,3,4,6,8 and 9
Mr. Ashutosh Mishra for Respondent No. 16 - UOI
Mr. V.M. Mali, AGP for Respondent No. 5

                                    CORAM : NITIN JAMDAR &
                                           M.M. SATHAYE, JJ.

DATE : 08 JANUARY 2024

P.C. :-

Heard the learned Counsel for the parties.

2. Heard the learned Counsel for the parties. The learned Counsel for the Petitioner seeks time.

3. By the impugned order, the Competent Authority has referred the matter to the Competent Court opining that there exist a dispute that needs to be resolved by the Competent Court.

2 58. WP 4449.23.doc

4. We have gone through the impugned order. It is an elaborate order where the contentions of both the parties are recorded. It appears that the sub-Divisional Officer has rendered a judgment. Clearly, the sub-Divisional Officer is under misconception regarding its jurisdiction.

5. While we defer the hearing of the Petition at the request of the learned Counsel for the Petitioner to 28 February 2024, the learned AGP will call for and place before us the file of the proceedings before the sub-Divisional Officer.

          M.M. SATHAYE, J.                          NITIN JAMDAR, J.