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2011 Supreme(Bom) 821

R.M.SAVANT
Khatijabi w/a Ahmed Rajkotwala – Appellant
Versus
Abdul Rauf s/o Abdul Sattar – Respondent


Advocates appeared:
Mr. ANAND DESHPANDE, Adv. for the Petitioner.
Mr. A.S. CHANDURKAR with Mr. J.M. GANDHI, counsel for Respondents 1 to 3.
Mr. P.V. BHOYAR, AGP for Respondents 4 to 7

JUDGMENT: -

Rule. With the consent of the parties, made returnable forthwith and heard.

2. The above petition takes exception to the order dated 19.11.2010 passed by the Additional Commissioner, Amravati Division, Amravati by which order, the appeal tiled by the respondents 1 to 3 herein came to be allowed and the order passed by the Addl. Collector dated 22.9.2009 came to be set aside.

3. Shorn of unnecessary details, a few facts can be stated thus:

The dispute in the above petition is as regards the mutation entry in respect of survey No. 28/2 (New Gut No. 92) admeasuring 6 H 98R of village Nimbi, Tq. Balapur, Dist. Akola. Suffice it to say that an entry in the revenue record came to be made in favour of the respondents 1 to 3 by the Talathi, by order dated 25.6.1998. Against the said order, the petitioners herein tiled an Appeal before the Sub-Divisional Officer which came to be dismissed by the order dated 17.10.2008. Against which, the petitioner filed a further Appeal under section 247 of the Maharashtra Land Revenue Code (in short "the Code") before the Additional Collector which came to allowed by the Additional Collector by the order dated 22.9.2009, which resulted in the re







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