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2017 Supreme(Bom) 1035

RAVINDRA V.GHUGE
Bharat S/o Balbhimrao Kulkarni – Appellant
Versus
Prabhakar S/o Shirappa Mahabole – Respondent


Advocates Appeared:
For the Petitioners: Mr. V.R. Sonwalkar
For the Respondents: Mrs. Smita Deshpande, Mr. Satyajit S. Bora, Mr. Anand P. Bhandari

JUDGMENT :

1. The petitioners in both these petitions are real brothers. During pendency of this petition, petitioner No.2 Abhay has passed away and his legal heirs have been brought on record.

2. In the first petition, the petitioner has put forth prayer clause 'B' as under:-

“B. The impugned judgment and order passed by the Learned Member of M.R.T. in Revn. Appln. No. TNC-B-91-C on 31.1.1992 confirming the Judgment and order passed by Learned Tahsildar, Tuljapur in file No.89/TNC/CR/50 dtd. 22.5.90 and Judgment and order dated 12.8.1991 in Appeal No.90/- TNC/A/19 passed by Learned Deputy Collector, Osmanabad be quashed and set aside.”

3. In the second petition, the petitioners have put forth prayer clause 'B' as under:-

“B. The Judgment and order dated 31.1.1992 passed in Revision application No.134-B/91-O by Member of Maharashtra Revenue Tribunal Aurangabad and confirmed by the Judgment and order passed by the Deputy Collector (L.Rs.) Osmanabad on 12.8.1991, in Appeal No.1990-TNC-A- 18 and Judgment and order dated 22.5.1990 passed by the Tahsildar, Osmanabad infile No.89-TNC-CR-49 be quashed and set-aside.”

4. I have heard the learned Advocates for the petitioners and the learned AGP,











































































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