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2023 Supreme(Bom) 572

MILIND N. JADHAV
Prabhu Anant Lungase – Appellant
Versus
Pralhad Hanumant Kamble Since deceased through his legal heirs Dattatraya Pralhad Kamble – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ajay A. Joshi, Advocate
For the Respondent:Mr. A.R. Metkari, Advocate

JUDGMENT:

1. This Writ Petition arises out of proceedings between parties under provisions of the Maharashtra Tenancy and Agricultural Lands Act, 1948 (for short “the said Act”). The order impugned in the present Writ Petition is dated 12.09.1996 passed by the Maharashtra Revenue Tribunal, Pune (for short “MRT, Pune”) in Revision proceedings under the said Act. By this order, the MRT, Pune dismissed the Revision Application filed by the Petitioners and upheld the order dated 15.02.1994 passed by the Sub-Divisional Officer, Madha (for short “SDO”) in Tenancy Appeal No.18 of 1993 and the order dated 30.09.1993 passed by the Tahsildar, Madha in Tenancy Case No.83 of 1991.

2. Thus, there are three concurrent orders against the Petitioners. Writ Petition was filed in 1997 and interim order in terms of prayer clause ‘c’ was granted on 17.04.1997. On 25.09.1997, interim order was varied and parties were directed to maintain status quo during the pendency of the Petition.

3. To appreciate the lis between the parties, it will be apposite to refer to the relevant facts which are outlined herein under:-

    (i) Petitioner’s predecessor-in-title i.e. their father namely Anant Lungase was the tenant of

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