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Bombay High Court

Ravindra Ramasare Tiwari vs Jay Prakash Ramajore Tiwari on 8 April, 2026

Author: Milind N. Jadhav

Bench: Milind N. Jadhav

                                                                        P15. MPTL-10564-2026.odt


Amberkar

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    TESTAMENTARY AND INTESTATE JURISDICTION


                                MISC. PETITION (L) NO. 10564 OF 2026
                                                 IN
                                     PETITION NO. 2942 OF 2025

           Ravindra Ramasare Tiwari & Ors.                               .. Petitioners
                      Versus
           Jay Prakash Ramajore Tiwari & Ors.                            .. Respondents
                                      ....................
            Mr. U.S.R. Singh, Advocate for Petitioners
                                                ...................
                                               CORAM : MILIND N. JADHAV, J.
                                               DATE          : APRIL 8, 2026
           P. C.:

1. Not on board. Mentioned by way of filing a praecipe dated 08.04.2026.

2. Heard Mr. Singh, learned Advocate for Petitioners.

3. Present revocation Petition is filed by joint holder of the property which incidentally belonged to the deceased. Petitioners claim to be relied upon the judgment & order passed by learned Small Causes Court in Rent Act Declaratory proceedings as far back as on 30.11.2001 and claim to be the joint tenants as per the said decree in respect of the subject property belonging to the deceased.

4. Grievance is made by Mr. Singh that on the strength of grant (appended at Exh. "D", page No. 97 of Petition), Respondents are attempting to resist the occupation of Petitioners in the subject 1 of 2 ::: Uploaded on - 08/04/2026 ::: Downloaded on - 09/04/2026 00:23:42 ::: P15. MPTL-10564-2026.odt property by claiming that the Court has passed a decree in their favour.

5. Arguable case is made out by Mr. Singh for issuance of notice in the present revocation Petition. Hence, issue notice to the Respondents made returnable on 12.06.2026. Humdast permitted. In addition to Court's notice, Petitioners are directed to serve copy of the Petition along with copy of this order on the Respondents and inform them about the next date of hearing by any permissible mode of service and file appropriate affidavit of service with tangible proof thereof on or before the next date.

6. After receiving the notice, Respondents to file affidavit-in-reply within a period of three weeks from today with an advance copy to the Advocate for Petitioners. Rejoinder if any shall be filed within one week thereafter.

7. Stand over to 12th June, 2026.

Amberkar                                                 [ MILIND N. JADHAV, J. ]
                      Digitally signed
                      by RAVINDRA
           RAVINDRA   MOHAN
           MOHAN      AMBERKAR
           AMBERKAR   Date:
                      2026.04.08
                      17:15:56 +0530




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