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  5. April

Kamalakar Haribhau Naik and Ors. vs. Smt. Jamna Gopal Naik and Ors.

Decided on 30 April 2024• Citation: IA/4353/2023• Bombay High Court
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                                                        18-wp-4776-2018 with connected.doc
                   Shabnoor                                                       
                          IN THE HIGH COURT  OF JUDICATURE  AT BOMBAY             
                                  CIVIL APPELLATE JURISDICTION                    
                                 WRIT PETITION NO.4776 OF 2018                    
                                             WITH                                 
                              INTERIM APPLICATION  NO.4353 OF 2023                
       SHABNOOR                                                                   
       AYUB                                                                       
                                             WITH                                 
       PATHAN                                                                     
       Digitally signed by                                                        
       SHABNOOR AYUB                                                              
       PATHAN                                                                     
                              INTERIM APPLICATION  NO.4354 OF 2023                
       Date: 2024.04.30                                                           
       18:50:22 +0530                                                             
                                               IN                                 
                                 WRIT PETITION NO.4776 OF 2018                    
                    Kamalakar Haribhau Naik & Ors       …  Petitioners            
                             V/s.                                                 
                    Jamna Gopal Naik & Ors              …  Respondents            
                    Mr. Sanjay A. Ghaisas, for Petitioners.                       
                    Mrs. V. R. Raje, AGP for State/Respondents.                   
                                          CORAM    : AMIT BORKAR,  J.             
                                          DATED    : APRIL 30, 2024               
                    P.C.:                                                         
                    1.   Leave to  amend   to add  the  State Government  as      
                    party/respondent to the petition. Learned AGP waives service of
                    notice on behalf of State/respondent.                         
                    2.   The order impugned in the present writ petition has been 
                    passed by the Additional Commissioner in exercise of power under
                    Section 257 of the Maharashtra Land  Revenue  Code, 1966      
                    (“MLRC”) against which the petitioner has alternative remedy by
                    way of second revision under Section 257 of the MLRC. Therefore,
                                               1                                  

                                                        18-wp-4776-2018 with connected.doc
                    keeping all questions raised in the petition open to be agitated
                    before the State Government, the writ petition is disposed of.
                    3.   Period spent in prosecuting the present petition shall be
                    excluded while considering the second revision.               
                    4.   In view of disposal of the writ petition, the interim    
                    applications do not survive. Hence, the interim applications stand
                    disposed of.                                                  
                                                         (AMIT BORKAR, J.)        
                                               2