Partly allowed

Rajaram Malhari Aware Since Decd. Thr His Legal Heirs v. Anna Eswara Aware Since Decd. Thr His Heirs and Legal Resp. and Ors.

Bombay HC18 Oct 2023WP/10940/2023

Case brief

AI extract

What is this about?

This Single Judge bench allowed the withdrawal of Writ Petitions Nos. 10939 and 10940 of 2023 with liberty to the petitioners to adopt the statutory alternate remedy under Section 157 of the Maharashtra Land Revenue Code.

What did the court decide?

Leave granted to withdraw Writ Petitions with liberty to adopt alternate remedy under Section 157 of the Maharashtra Land Revenue Code.

Rajaram Malhari Aware Since Decd. Thr His… — Civil Procedure and Limitation | Bombay HC (2023)

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56-57-wp-10939-2023.doc

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Sonali

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.10939 OF 2023 WITH

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WRIT PETITION NO.10940 OF 2023

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Rajaram Malhari Aware
since deceased through legal heirs
Anusaya Rajaram Aware
since deceased through legal heirs
Ramchandra Rajaram Aware & Ors. ...Petitioners
 Versus
Anna Eshwara Aware
since deceased through legal heirs
Sumitra Anna Aware & Ors....Respondents

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Mr. Pradeep Gole, for the Petitioners.

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Mr. Vishwanath Talkute, for Respondent Nos.1(a) and 1(b).

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CORAM : MADHAV J. JAMDAR, J. DATED : 18^th OCTOBER 2023

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P.C.:

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1.At the outset, Mr. Talkute, learned counsel appearing for
Respondent Nos.1(a) and 1(b) raises the objection to the
maintainability of the Writ Petition on the ground that there is
alternate remedy of Revision under Section 157 of the Maharashtra
Land Revenue Code.

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2. In view of said objection, Mr. Pradeep Gole, learned counsel

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56-57-wp-10939-2023.doc

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Sonali

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appearing for the Petitioners seeks withdrawal of the Writ Petitions

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with liberty to adopt alternate remedy.

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3. Accordingly, leave to withdraw the Writ Petition for adopting alternate remedy is granted.

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4. Time spent in prosecuting this Writ Petition be inter alia taken into consideration while considering delay condonation application in adopting alternate remedy.

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5. The Writ Petitions are disposed of in above terms with liberty as prayed aforesaid.

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6. It is made clear that this Court has not considered the merits

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and all the contentions on merits are expressly kept open.

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Rajaram Malhari Aware Since Decd. Thr His Legal Heirs v. Anna Eswara Aware Since Decd. Thr His Heirs and Legal Resp. and Ors.

Case brief

What is this about?

What did the court decide?

Rajaram Malhari Aware Since Decd. Thr His Legal Heirs v. Anna Eswara Aware Since Decd. Thr His Heirs and Legal Resp. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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