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Bombay High Court

Madan Shenphad Ghayvat And Others vs The Sub Divisional Officer And Others on 2 December, 2021

Author: Mangesh S. Patil

Bench: Mangesh S. Patil

                                                                           928.WP.13023.21.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                            WRIT PETITION NO.13023 OF 2021

                   MADAN SHENPHAD GHAYVAT AND OTHERS
                                      VERSUS
                   THE SUB DIVISIONAL OFFICER AND OTHERS
                                         ...
                    Advocate for Petitioners : Mr. Ingle Nitin S.
                 AGP for Respondent Nos.1, 2 and 4 : Ms. D.S. Jape
                Advocate for Respondent No.3 : Mr. Sonwane Amol S.
                                         ...
                                CORAM        :  MANGESH S. PATIL, J.
                                    DATE      :    02.12.2021
PER COURT :

Heard the learned advocate for the petitioners, the learned AGP as also the learned advocate Mr. Sonwane who appears on behalf of respondent No.3. The petitioners are challenging the order passed in a revision under Section 23 (2) of the Mamlatdar's Courts Act dismissing it. Parties are unanimous that during the pendency of the revision execution and operation of the order passed by the Mamlatdar under Section 5(2) which was the subject matter of challenge before the Sub Divisional Officer, was stayed.

2. Issue notice to the respondents, returnable on 13.01.2022. The learned AGP waives service for the respondent Nos.1, 2 and 4. The learned advocate Mr. Sonwane waives service for respondent No.3. The respondent No.3 and the other respondents may file the reply, if any, before the next date by serving its copy to the other side in advance. There shall be stay to the operation of the order passed by the Tahsildar, till the next date i.e. 13.01.2022.

3. Parties to act on the authenticated copy of this order.

(MANGESH S. PATIL, J.) habeeb 1/1 ::: Uploaded on - 02/12/2021 ::: Downloaded on - 03/12/2021 07:51:37 :::