IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

41 WRIT PETITION NO.12126 OF 2021 NEETA ABHIMAN PISAL AND OTHERS VERSUS KALYAN BHAURAO JOGDAND AND OTHERS ...

Advocate for Petitioners : Mr. Girish K. Naik - Thigale ...

CORAM : SHARMILA U. DESHMUKH, J.

DATE : 02-01-2023 PER COURT :

. Heard the learned counsel for petitioners.

2. By this petition, petitioners seek quashing of the order dated 01.02.2020 passed by 5th Jt. Civil Judge Senior Division, Beed in R.C.S. No.291 of 2018 below Exh.12. Petitioners are the original defendants in Regular Civil Suit No.291 of 2018 which is instituted by respondents in the Court of 5th Jt. Civil Judge Senior Division, Beed seeking a declaration of ownership and perpetual injunction as against petitioners herein.

3. It is the case of respondents (Orig. plaintiffs) in plaint that pursuant to the decree of the year 1957, respondents and others were granted 3/8th share and accordingly the revenue records were mutated. Due to the consolidation scheme, Old Survey No.104 was given Gut No.446 and in the said gut number, one Madhukar Annasaheb Jogdand had a share of 0.08 guntha, which share was allotted in the court decree. Learned counsel for petiti