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2006 Supreme(Bom) 1364

A.H.JOSHI
Vidya w/o. Vijay Karandikar – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT: - The petitioners herein have approached this Court challenging the order passed by the Sub - Divisional Officer, Nagpur in Revenue Appeal No.3/BND - 56/9394 passed on 12 - 10 - 2000. It was a revision petition filed by the original respondents against order passed by Naib Tahsildar on 28 - 1 - 1974 in complaint of non - compliance of earlier order (order dated 17 - 6 - 89). The Sub Divisional Officer had ordered fresh enquiry in the right claimed by present petitioner.

The said remand order dated 27 - 1 - 2000 is challenged in this petition.

2. It would be necessary to refer to the facts and background in brief which is as follows:

(a) Petitioners filed application herein on or about 21st February, 1989 before the Tahsildar, Nagpur. The application is filed under Section 143 of Maharashtra Land Revenue Code r/w. section 5 of Mamlatdars Courts Act, 1906. Copy whereof is now supplied by the respondents for perusal.

(b) It is seen that the applicants have purchased the suit property under the registered sale deed dated 30 - 6 - 1982. According to the petitioners they are using the suit way shown in red coloured line the in the map attached to the p







































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