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2025 Supreme(Online)(Bom) 2168

BOMBAY HIGH COURT
MANJUSHA DESHPANDE, J
Yeshwanta s/o Yogaji Borade – Appellant
Versus
Drupati d/o Laxman Khandare – Respondent


Advocates:
For the Appellants/Petitioners: Mr. P. R. Katneshwarkar, Mr. S. P. Katneshwarkar
For the Respondents: Mr. Milind Joshi

JUDGMENT :

1. The subject matter in all these writ petitions is a land situated at village Bhendegaon, Tq. Basmathnagar, Dist. Parbhani in Sy. No. 72/1 ad-measuring 19A-9G, originally owned by one Mirza Asadulla Baig. Owing to various proceedings filed in relation to the subject land and commonality of the subject matter, the three writ petitions are clubbed together, though challenging orders arising out of different proceedings.

WRIT PETITION No. 1582 OF 1990

2. The case of the petitioners in this writ petition is that, the owner of the said land Mirza Asadulla Baig, was residing at Hyderabad and the land was cultivated by his servant namely Nagu Mahadya Khandare. Mirza Asadulla Baig sold 19A - 9G land from Sy. No. 72/1 on 04.09.1973 to one Rama Asraji. Thereafter, the heirs of the Rama Ashruba sold this portion to the petitioner No. 2 i.e. Yashwanta Yogaji in the year 1977. It is claimed that Nagu who was the servant of land owner Mirza Asadulla Baig, was a witness to the registered sale-deed, which was executed in favour of Rama Asraji. On the basis of sale-deed which is executed in the year 1977, the present petitioners are claiming to be owner and possessor of land in Sy. No. 72

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