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2025 Supreme(Bom) 566

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE, J
Rangrao Mahadu Pethkar – Appellant
Versus
Sadashiv Maruti Vibhute (Since Deceased Through Heirs And L.rs.) – Respondent


Advocates Appeared:
Mr. Pratap V. Patil, for the Petitioner/Applicant.
Mr. Mandar Goswami with Mr. Siddhant Choudhari, for Respondents.

JUDGMENT :

1) These petitions are filed by Petitioner challenging the order dated 30 December 1997 passed by the Maharashtra Revenue Tribunal, Pune (MRT) in Revision Application Nos.43 of 1997 and 38 of 1997. The MRT, by its order dated 30 December 1997, has allowed Revision Application No.38 of 1997 filed by Respondent Nos.1 to 3 and has dismissed Revision Application No.43 of 1997 filed by the Petitioner and has set aside the order passed by Sub Divisional Officer (SDO) dated 21 March 1997 by which the SDO had remanded the proceedings to Tahsildar for fresh enquiry. The MRT has allowed the application filed by Respondent Nos.1 to 3 and has directed restoration of possession of the land in their favour by taking it out from possession of the Petitioner. In short, the impugned order passed by the MRT has resulted in loss of possession of the tenanted land by the Petitioner and restoration thereof in favour of Respondent Nos.1 to 3.

2) Agricultural land bearing Gat No.399 admeasuring 1 H 39 R situated at Village-Yedemachindra, Taluka-Walwa, District- Sangli is the subject matter of the present Petition (agricultural land). The predecessors of Respondent Nos.1 to 3 were the owners in r

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