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2023 Supreme(Bom) 835

BHARAT P. DESHPANDE
Cyril Sequeira – Appellant
Versus
Victor Joao Baptista – Respondent


Advocates appeared:
Sudin Usgaonkar, Advocate, Sukra Usgaonkar, Advocate, T.Mashelkar, Advocate, Pooja Naik, Advocate, Dhaval Zaveri, Advocate

JUDGMENT

1. Rule. Rule is made returnable forthwith. With the consent of the learned Counsel appearing for the parties the matter is taken up for final disposal at the admission stage.

2. The petitioner is hereby challenging the judgment and order dtd. 18/10/2019 passed by the learned Administrative Tribunal in Mundkar Revision Application No.17/2018 wherein the learned Tribunal rejected revision and confirmed the impugned judgment passed by the authorities below.

3. An interesting question cropped up in the present petition which reads thus:

"Whether a person who was lawfully inducted in the house after the appointed date and had a fixed habitation, can claim mundkarship?"

FACTS OF THE CASE:-

4. In nutshell, few facts which led to the present petition are thus:

5. The property known as 'GOLNA' survey No.39/5 exist in village Pomburpa at ward Golna. There is residential house in this property bearing No.41/5. Originally this property was belonging to Rev. Fr. Pactricio Sequiera who was also known as Patrick Sequeira. The said Patric Sequeira was a clergyman and therefore a bachelor. He expired on 22/10/2002. The petitioner is the nephew of the said Patrick Sequeira. The respondent Vict

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