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2023 Supreme(Bom) 143

MILIND N. JADHAV
Sunita Vilas Gavali – Appellant
Versus
Balwant Shankar Gadave – Respondent


Advocates:
Counsel for Appearing Parties
S.G. Karandikar, Advocate, T.S. Ingale, Advocate, V.B. Raju, Advocate, Wasim Samlewale, Advocate

JUDGMENT

Milind N. Jadhav, J. - By the present Writ Petition, the Petitioners have prayed for the following reliefs:-

    '(b) that the impugned order passed on 31.07.1999 in Revision Application No. MRT-SS-44/95 by the Designated Member, Maharashtra Revenue Tribunal, Kolhapur annexed at Exhibit 'C' hereto and that passed by the Sub-Divisional Officer, Miraj Division, Miraj in Tenancy Appeal No. 9 of 1988 on 30.12.1994 annexed at Exhibit 'B' hereto be kindly quashed and set aside and that passed by the learned Tehsildar, Tasgaon on 30.05.1988 in Case No. Tenancy/32-P/Sheri Kavathe may kindly be restored to file.'

    2. Petitioners have challenged the impugned order passed by the Maharashtra Revenue Tribunal, Kolhapur (for short 'MRT') in Revision Proceedings upholding the Sub-Divisional Officer's (for short 'SDO') order in Tenancy Appeal and seek restoration of the Teshildar and Agricultural Lands Tribunal's (for short 'ALT') order dated 30.05.1988. According to the Petitioners, this case is squarely covered by the amended provisions of Section 32-K(3), Section 32-M read with Section 32-P of the Bombay Tenancy and Agricultural Lands Act, 1958 (for short 'the said Act') and in that view of th

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