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2023 Supreme(Bom) 2197

N. J. JAMADAR
Aluwid Architectural Private Ltd – Appellant
Versus
Housabai Jagannath Gavhane – Respondent


Advocates appeared:
Mr. Vivek V. Salunke, Advocate, for the Appellant; Mr. V. S. Kapse i/b Mr. Shailesh Chavan, Advocate, for Respondent Nos. 1 to 7 and Mr. P.P. Pujari, AGP for State/Respondent Nos.8, 9 and 10.

JUDGMENT

1. Rule. Rule made returnable forthwith and, with the consent of the learned Counsel for the parties, heard finally.

2. This Petition under Articles 226 and 227 of the Constitution of India assails the legality, propriety and correctness of an order dated 6th September, 2022, passed by the District Superintendent of Land Records, Pune on an application for condonation of delay in preferring an Appeal, purportedly under Section 247 of Maharashtra Land Revenue Code, 1966 ('the Code, 1966'), whereby the Superintendent of Land Records was persuaded to condone the delay of more than 50 years in preferring the Appeal.

3. Shorn of superfluities, the background facts can be stated in brief as under:-

    a. Hausabai Gavhane, respondent No. 1, is the owner of agricultural land bearing Gat No.369 situated at Mauje Koregaon Bhima, Tal. Shirur, Dist. Pune, admeasuring 58 R. The petitioner Nos. 1 to 3 and respondent Nos. 2a to 2e and 3 to 5 are the co-holders of the land bearing Gat No. 374 admeasuring 86 R. The respondent Nos.6 and 7 are the owners of the land bearing Gat No. 373 admeasuring 58 R.

b. Respondent No. 1 claims that Gat No. 369, 373 and 374 were originally numbered as Survey Nos.

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