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2020 Supreme(Bom) 718

MILIND N.JADHAV
Ashok Devman Gangurde – Appellant
Versus
Dagu Chiman Gangurde – Respondent


Advocates Appeared:
R.N. Gite, Advocate, Pandit Kasar, Advocate, S.D. Rayrikar, Advocate

JUDGMENT

Milind N Jadhav, J. - Rule.

2. Rule is made returnable forthwith. Heard finally with consent of the parties.

3. This petition has been filed by the petitioner under the provisions of Article 227 of the Constitution of India challenging the judgment and order dated 19.7.2019 passed by Deputy Collector, Sub-Division, Chandwad, Dist. Nashik (respondent No. 10 ) in RTS Revision No. 91 of 2018.

4. Brief facts, necessary for appreciation of the controversy between the parties are as under:-

    4.1 In the year 1974, under the consolidation scheme, there was exchange of land amongst various members of the Gangurde family and the petitioner and respondent No. 1 became entitled to Gat Nos. 36 & 37 and 34 & 74 respectively.

      4.2 It is contended by respondent No. 1 that since then a road has been in existence as approach road to Gat No. 74 through the aforesaid Gat Nos. which belong to the petitioner and respondent No. 1. It is further contended that by virtue of sale deed dated 16.12.1988, respondent No. 1 has purchased Gat No. 37 from one Chimma Shivram Gangurde and by another sale deed of even date, the father of the petitioner has sold certain land. It is the contention of respondent N

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