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2019 Supreme(Bom) 802

S.S.SHINDE
Raghunath Krishna Gole – Appellant
Versus
Sardar Munaf Patel – Respondent


Advocates Appeared:
A.V. Chatuphale, Adv., Akshay Gangan, Adv., G.S. Godbole, Adv., Ketki Gadkari, Adv., Shivani S Samel, Adv.

JUDGMENT :

S.S. SHINDE, J.

1. Rule, with the consent of the learned counsel for the parties made returnable forthwith and heard.

2. The above Writ Petition filed under Article 227 of the Constitution of India takes exception to the order dated 08/02/2017 passed by the Maharashtra Revenue Tribunal, Bench at Pune by which order the judgment and order dated 09/07/1999 passed by the Sub Divisional Officer, Wai in Tenancy Appeal No.15/1998 came to be set aside and, the judgment and order dated 27/08/1998 passed by the Additional Tahsildar and Agricultural Lands Tribunal, Wai in Tenancy Case No.32P/Sultanpur/185/98/Wai came to be confirmed. By the said order dated 08/02/2017 the MRT directed the Petitioners-tenants to hand over the possession of the suit land to the Respondent-landlord within three months of the said order, failure to which the Respondent-landlord is at liberty to initiate the execution proceeding before the ALT Wai. By the said order, the Maharashtra Revenue Tribunal (for short "the MRT") held the Respondent landlord entitled to have an enquiry as regards future mesne-profit from 09/05/2017 till the actual date of delivery of possession before the competent civil court.

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