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2023 Supreme(Online)(Bom) 320

HIGH COURT OF BOMBAY
G. S. Kulkarni, J
Mukund Hari Mhatre (since decd.) through LRs. – Appellant
Versus
Madhukar Dwarkanath Kadam – Respondent


Advocates:
For the Appellants/Petitioners: Siddhesh Pilankar, Uday P. Warunjikar
For the Respondents: S.G. Karandikar

Table of Content
1. land ownership dispute and unauthorized possession. (Para 2 , 3 , 4 , 5 , 6 , 7)
2. distinction and application of relevant legal provisions. (Para 10 , 11 , 12)
3. final ruling and directions for further proceedings. (Para 13 , 14 , 15)
ORAL JUDGMENT

1. Heard Mr. Pilankar, learned counsel for the petitioner and Mr. Karandikar, learned counsel for respondent nos. 4 and 8.

2. This petition filed under Article 227 of the Constitution challenges an order dated 5 September, 2013 passed by the Maharashtra Revenue Tribunal (for short “MRT”) whereby a Revision Application as filed by respondent nos. 1 to 8 (for short “the respondents”) has been allowed, thereby setting aside the order dated 28 December, 2009 passed by the Sub-Divisional Officer in BD/Tenancy Appeal No. 24/2007 and the order dated 13 July, 2007 passed by the Tahsildar & A.L.T. Vasai in Tenancy Case no. 84/1/05 was restored.

3. It is the petitioners case that petitioner no. 1 was the purchaser/owner of agricultural land, bearing Survey no. 91, Hissa no. 1 and Survey no. 91, Hissa No. 2 admeasuring 32670 sq. yards and 2700 sq. mts. respectively, situated at Village Valiv, Taluka Vasai, District Thane. It is stat

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