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2023 Supreme(Online)(Bom) 26182

HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
Appasaheb Pandurang Yadav (Deceased) Through his legal heir / representative – Appellant
Versus
Appasaheb Virupaksh Tandale – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Manoj Patil
For the Respondents: Mr. Drupad S. Patil

JUDGMENT :

1. Rule. Rule made returnable forthwith. With the consent of the learned Counsel for parties, Petition is taken up for hearing.

2. Petitioners challenge the Judgment and Order dated 12/11/2021 passed by the Maharashtra Revenue Tribunal (‘MRT’), Camp Kolhapur, allowing the Revision Application filed by Respondent No.1 and setting aside the order dated 23/11/2020 passed by the Sub-Divisional Officer (‘SDO’) condoning the delay in filing Tenancy Appeal No.71/2020. The MRT has rejected the application for condonation of delay filed by the Petitioners in Tenancy Appeal No.71/2020. That Tenancy Appeal was filed by the Petitioners challenging the order dated 28/05/2018 passed by the Agricultural Lands Tribunal-cum-Tehsildar (‘ALT’), Panhala.

3. Facts of the case are that Petitioners and Respondent Nos. 2 to 5 are tenants in respect of the land admeasuring 57 R of Gat No.103 and 4 Hector 10 R of Gat No.175 situated at Village Waloli, Tal. Panhala, Dist. Kolhapur. Respondent No.1 is the landlord in respect of that land.

4. Respondent No.1 filed Tenancy Case No.30/1985 under section 43B of The Maharashtra Tenancy and Agricultural Lands Act, 1948 (‘Tenancy Act’) before the Tehsildar

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