HIGH COURT OF BOMBAY
SHRI RAMNATH K. DARADE – Appellant
Versus
HIRABAI MARUTI JADHAV and OTHERS – Respondent
WP 2922/1996
Yadav VG. 1 Judg.201.wp.2922.96.odt.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPEALLATE JURISDICTION
WRIT PETITION NO. 2922 OF 1996
1.
Ramnath Kondaji Darade
R/o Nalwadi, Tah. Sinnar, District Nashik.
… PETITIONER
V E R S U S
1.
Hirabai w/o Maruti Jadhav
(deceased through L.Rs.)
2.
Mirabai Sudhakar Salve
R/o Saliwadi, Taluka Sangamner, District
Ahmednagar.
3.
Sitabai w/o Gangaram Bhagat
(deceased through L.Rs.)
3A
Shri Vasant Gopal Bhagat
R/at – Gopal Nagar, Vighnadarshan, Plot
No.2, Antillery Center Road, Nashik.
4.
Gitabai w/o Vithal Waghmare
C/o
Vasant
Gangaram
Bhagar,
Chandanwadi, Patil Garrage, M. G. Raod,
Nashik Road.
…. RESPONDENTS
APPEARANCE :
Mr. P. N. Joshi for Petitioner.
Mr. A. L. Bhise h/f Mr. H. S. Venegaonkar for Respondent
Nos. 1 to 3.
CORAM
: K. K. TATED, J.
DATE
: JULY 13, 2017.
Yadav VG. 2 Judg.201.wp.2922.96.odt.
JUDGMENT
.
Heard learned Counsel for parties.
2.
The learned Counsel for Petitioner submit that he received
letter dated 27th February, 2017 from the Respondents' Advocate that
Respondent No.1 – Hirabai Maruti Jadhav has passed away on 12th
November, 2016. The legal heir of Respondent No.1 are already on
record as Respondent No. 2 Mirabai Sudhakar Salve. He submit that in
view of this fact Petitioner may be permitted to carry out the amendment
in cause title of the Writ Petition. Same is permitted.
3.
Amendment to be carried out during the course of a day.
4.
By this Writ Petition under Article 227 of the Constitution of
India, Petitioner is challenging the Judgment dated 20th November, 1995
passed by Maharashtra Revenue Tribunal at Mumbai in Revision
Application No. 4 of 1993 setting aside the order dated 26th September,
1988 in Vatan Case No. 1 of 1986 holding that Petitioner is trespasser in
respect of the land bearing Gat No. 247 admeasuring area 1 Hector 67
Ares at Mouza Nalwadi, Tahsil Sinner District Nashik.
5.
The learned Counsel Mr. Joshi appearing on behalf of
Petitioner submit that in the present proceedings earlier the land was
awarded in favour of the Respondents on the basis of new tenures.
Hence, the Respondents filed application. That application was allowed
by the Tahsildar, Sinnar on 30th April, 1971 and awarded the said land
on old tenures on same terms and conditions.
Yadav VG. 3 Judg.201.wp.2922.96.odt.
6.
Thereafter the Petitioner by Agreement to Sale dated 17th
June, 1970, 12th July, 1971 and 26th June, 1972, Petitioner agreed to
purchase the suit land, from Respondents.
7.
The learned Counsel for Petitioner submit that Petitioner
filed Regular Civil Suit No. 236 of 1979 in the Court of Civil Judge,
Junior Division, Sinnar against the Respondents for specific performance
of Agreement for Sale dated 17th June, 1970, 12th July, 1971 and 26th
June, 1972. That suit was compromised between the parties and
thereafter they executed the Sale Deed dated 7th January, 1983 in favour
of Petitioner.
8.
The learned Counsel for Petitioner submit that Respondent
No.1 Hirabai Jadhav and others have earlier filed Vatan Case No. 1 of
1986 under Section 59 of the Maharashtra Land Revenue Code. That
case was rejected by the Tahsildar by order dated 26th September, 1988.
Being aggrieved by the same, Respondents preferred Appeal No.
RTS.A.67 of 1989 before the Sub Divisional Officer, Niphad under
Section 247 of the Maharashtra Land Revenue Code, 1966. That Appeal
was rejected by the Sub Divisional Officer, Niphad by Judgment and
order dated 18th September, 1992. Thereafter the Respondents preferred
Revision Application No. 4 of 1993 before the Maharashtra Revenue
Tribunal at Mumbai
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