Disposed

Dharma Ladaku Mhaskar Since Decd. Thr. Legal Heirs v. Radhakrushna Mandir Panvel Vahivatdar Prabhakar Ganpat Samel Decd Thr. S. P. Samel

Bombay HC4 Mar 2024WP/11926/2023

Case brief

AI extract

What is this about?

By consensus, the High Court remanded RTS Appeal No.289/2021 to the Sub-Divisional Officer for fresh consideration, permitting appellants to file an Additional Affidavit supporting condonation of delay and respondents to reply. The Collector, Raigad was directed to transfer the appeal to a Sub-Divisional Officer other than the one who earlier heard it. The impugned orders dated 23rd January 2023, 7th September 2023 and 7th August 2023 were quashed and set aside; appeals restored to file. Writ petitions disposed of accordingly.

What the court decided

AI extract

Dharma Ladaku Mhaskar Since Decd. Thr. Legal Heirs Vs… — Landlord and Tenant | Bombay HC (2024)

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rsk 7-WP-11926-2023 .doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.11926 OF 2023

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Dharma Ladaku Mhaskar Since Decd. Thr. Legal Heirs ...Petitioner Versus Radhakrushna Mandir Panvel Vahivatdar Prabhakar Ganpat Samel Decd Thr. S. P. Samel ...Respondents

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WITH

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WRIT PETITION NO.11923 OF 2023

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Ram Haushiram Patil ...Petitioner Versus

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Radhakrushna Mandir Panvel Vahivatdar Prabhakar

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Ganpat Samel Decd Thr. S. P. Samel ...Respondents

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WITH

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WRIT PETITION NO.11927 OF 2023

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Rohidas Dharma Mhaskar And Ors. ...Petitioners Versus

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Radhakrushna Mandir Panvel Vahivatdar Prabhakar Ganpat Samel Decd Thr. S. P. Samel ...Respondents

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Mr. Rohit Joshi for the Petitioners. Mr. Kishore Patil i/b Mr. Manish R. Bohra for Respondent No.1. Mr. Sachindra B. Shetye i/b Mr. P. K. Rahade for Respondent No.2.

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CORAM : SHARMILA U. DESHMUKH, J. DATE : 4^th MARCH, 2024

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rsk 7-WP-11926-2023 .doc

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P. C. :

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After the matter was argued for some time, learned counsel for the parties on instructions submits that the matter be remanded to the Sub-Divisional officer for consideration of the Application afresh.

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Considering that no sufficient particulars in support of the relief of condonation of delay finds place in RTS Appeal No.289/2021, in view of consensus of the parties RTS Appeal No.289/2021 is remanded to the office of Sub-Divisional Officer to be considered afresh. The appellants in RTS Appeal No.289/2021 are permitted to file Additional Affidavit placing on record particulars in support of their plea for condonation of delay.

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The respondents are entitled to file their Reply to the Additional Affidavit. In my opinion , it would be in fitness of things if the appeal is heard by Sub-Divisional Officer other than the Sub-Divisional Officer who has heard earlier RTS Appeal No.289/2021. Let the Collector, Raigad transfer RTS Appeal No.289/2021 to any other SubDivisional officer other than the Sub-Divisional officer, who has heard the earlier RTS Appeal No.289/2021.

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rsk 7-WP-11926-2023 .doc

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In view of the above, the impugned orders dated 23^rd January 2023, 7^th September 2023 and 7^th August 2023 are hereby quashed and set aside. Appeals are restored to file to be decided afresh as directed above.

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Writ Petitions are accordingly disposed of.

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Mr. Shetye learned counsel for Respondent No.2 in Writ Petition No.11926/2023 submits that he has consented to the condonation of the delay. Learned counsel submits that upon notice the respondent No.2 had appeared before the Sub-Divisional officer and has consented to the delay being condoned. On instructions he submits that respondent No.2 has surrendered his portion 74.70 R in favour of Respondent No.1-Trust.

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(SHARMILA U. DESHMUKH, J. )

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Dharma Ladaku Mhaskar Since Decd. Thr. Legal Heirs v. Radhakrushna Mandir Panvel Vahivatdar Prabhakar Ganpat Samel Decd Thr. S. P. Samel

Case brief

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What the court decided

Dharma Ladaku Mhaskar Since Decd. Thr. Legal Heirs v. Radhakrushna Mandir Panvel Vahivatdar Prabhakar Ganpat Samel Decd Thr. S. P. Samel

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