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BOMBAY HIGH COURT - BENCH AT AURANGABAD
BHARAT BALBHIMRAO KULKARNI. and OTHERS – Appellant
Versus
PRABHAKAR SHIRAPPA MAHABOLE and ANOTHER – Respondent


Advocates:
['SHRI V R SONWALKAR', 'SMITA DESHPANDE', '', 'R/ SERVED']

JUDGMENT

1 The petitioners in both these petitions are real brothers. During pendency of this petition, petitioner No.2 Abhay has passed away and his legal heirs have {3}

been brought on record.

2 In the first petition, the petitioner has put forth prayer clause 'B' as under:-

“ B. The impugned judgment and order passed by the Learned Member of M.R.T. in Revn. Appln. No. TNC-B-91-C on 31.1.1992 confirming the Judgment and order passed by Learned Tahsildar, Tuljapur in file No.89/TNC/CR/50 dtd. 22.5.90 and Judgment and order dated 12.8.1991 in Appeal No.90/TNC/A/19 passed by Learned Deputy Collector, Osmanabad be quashed and set aside. ”

3 In the second petition, the petitioners have put forth prayer clause 'B' as under:-

“ B. The Judgment and order dated 31.1.1992 passed in Revision application No.134-B/91-O by Member of Maharashtra Revenue Tribunal Aurangabad and confirmed by the Judgment and order passed by the Deputy Collector (L.Rs.) Osmanabad on 12.8.1991, in Appeal No.1990-TNC-A- 18 and Judgment and order dated 22.5.1990 passed by the Tahsildar, Osmanabad infile No.89-TNC-CR-49 be quashed and set-aside. ”

4 I have heard the learned Advocates for the petitioners and the learned AGP,

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