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2022 Supreme(Bom) 1456

NITIN B.SURYAWANSHI
Sakharam Tukaram Dhormare – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
D. P. Palodkar, Advocate, Y. G. Gujarathi, Advocate, V. D. Sapkal, Advocate, S. R. Sapkal, Advocate

JUDGMENT

Nitin B. Suryawanshi, J. - Rule. Rule made returnable forthwith. Heard finally by the consent of the parties.

2. This petition impugns the order dated 24-08-2010, passed by the Hon'ble Minister (Revenue), Mantralaya, Mumbai, in Revision No.221/2017, thereby allowing revision filed by the respondent Nos. 3 and 4.

3. The petitioner and respondent No.5 are the real brothers i.e. sons of Tukaram Dhormare. The property original Survey No.79 is their ancestral property. The said land Survey No.79, in consolidation scheme was converted in two Gut numbers i.e. Gut Nos. 243 and 244. Land Gut No.244 has fallen to the share of respondent No.5, whereas the land Gut No.243 has come to the share of petitioner. Respondent No.3 is wife of respondent No.5. Respondent Nos. 4 and 6 are sons of respondent Nos. 5 and 3.

4. It is admitted position on record that the land original Survey No.79 is ancestral property of Tukaram Dhormare and after death of Tukaram there was partition between petitioner Sakharam and respondent No.5 Parshuram, on 03-12-1965. accordingly Mutation Entry No.271 was registered on 03-12-1965. as per the 7/12 extract respondent No.5 Parshuram and petitioner Sakharam are shown

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