The High Court of Bombay dismissed a writ petition challenging an order under the Maharashtra Land Revenue Code directing property division. The court held that substantive remedies exist under the MLRC and Section 54 CPC, declining to interfere.
Petition dismissed with a declaration that interim relief is vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Digitally signed by VARSHA VARSHA VIJAY VIJAY RAJGURU RAJGURU Date: 2024.01.23 11:36:27 +0530
4-wp-5430-2019.doc
varsha
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5430 OF 2019
Krishna Bandu Pharate Decd thru Lrs … Petitioner
vs.
Gunda Namdev Lendwe Decd thru Lrs and … Respondents Anr
Mr. Samir Arunkumar Vaidya, a/w. Mr. Prathmesh Sarang, Mr. Kaivalayan Raul for Petitioner.
Mr. Mandar Limaye for respondent nos. 1B(a) to 1B (c) and 1C and 1F.
CORAM : GAURI GODSE, J. DATED : 8th JANUARY, 2024
P.C. :-
Page no. 1 of 2
4-wp-5430-2019.doc
54 of the Civil Procedure Code. Since, substantive remedy under the MLRC is available to the petitioner, I decline to entertain this petition.
(GAURI GODSE, J.)
Page no. 2 of 2
1 issue framed by the court
Whether to entertain a writ petition challenging the order of a Tahsildar directing parties for division of property under a partition decree.
2 provisions across 2 enactments
Krishna Bandu Pharate Decd thru Lrs
Gunda Namdev Lendwe Decd thru Lrs
GAURI GODSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
