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2023 Supreme(Bom) 965

G. A. SANAP
Sau. Maya Vidyanand Moon – Appellant
Versus
Kirtimala Bhanudas Bhagat – Respondent


Advocates appeared:
B. A. Dhapodkar, Advocate, Anand S. Joshi, Advocate, P. D. Pisurde, Advocate, S. V. Sirpurkar, Advocate, Amit R. Chutke, Advocate

JUDGMENT

G. A. Sanap, J. - In this writ petition, filed under Articles 226 and 227 of the Constitution of India, correctness of the order dated 07.09.2017 passed by learned Additional Session Judge-3, Chandrapur in Criminal Revision No. 30/2012 is questioned. By the impugned order, learned Additional Sessions Judge, Chandrapur was pleased to dismiss the revision application and confirm the order passed by the learned Sub-Divisional Magistrate, Chandrapur dated 12.03.2012, whereby the learned Sub Divisional Magistrate had directed the petitioners not to disturb and interfere in the possession of the respondent nos.1 to 7 over 9000 sq.ft. land.

2. The facts leading to this petition are as follows :

The petitioners are the executive body members of a trust known as 'Dhamma Prasar Samiti', registered under the Maharashtra Public Trust Act, 1950, in the year 1994. The respondent nos.1 to 7 are claiming to be the members of a trust known as 'Nalanda Bal Sanskar Kendra'. The dispute between the petitioners and respondent nos.1 to 7 was in respect of possession over the land admeasuring 9000 sq.ft., part of survey No. 218, situated at mouza Durgapur, Chandrapur. As per the petitioners, the la

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