Waman Sitaram Khodse and Another Vs Hanumant Shivaji Khodse and Others

. By order dated 8^th August, 2017, this Court has kept the writ petition alive to the extent of the directions given by the Trial Court at clause (3). The learned counsel for Petitioners, on instructions, submits that the Petitioners / Plaintiffs are not ready to give consent to fix the boundaries as per the Revenue Record as directed in clause (3)

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of the impugned order. The learned counsel appearing for the Respondents / Defendants, however, on instructions, submits that the Respondents / Defendants are ready to give such consent.

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2 On perusal of clause (3) of the impugned order, it appears that the Trial Court has directed the T.I.L.R., Kaij to fix the boundary of the

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area of Plaintiffs and the Defendants as per revenue record if the

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parties unanimously consent for it at the time of measurement. It

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2

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60 WP.9776.17.odt

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appears that the parties are not giving the consent unanimously and as such, the T.I.L.R., Kaij is not bound to obey those directions in view of the submissions recorded as above. The writ petition is accordingly

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disposed of.

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[ V. K. JADHAV, J. ]

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ndm

Waman Sitaram Khodse and Another v. Hanumant Shivaji Khodse and Others

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Waman Sitaram Khodse and Another v. Hanumant Shivaji Khodse and Others

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