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2024 DAILYLAW 2655 (BOM)

SHRI. NAMDEO DAMU RUPWATE AND ORS v. BABU DAULAT RUPWATE DECD THRU LR AND ANR

WP/3640/2024 · 2026-09-11

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Judgment text

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Gitalaxmi 9-WP-3640-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3640 OF 2024 SHRI. NAMDEO DAMU RUPWATE AND ORS. ...PETITIONERS Versus BABU DAULAT RUPWATE SINCE DECD. THRU. HIS LRS. AND ORS. ...RESPONDENTS Mr. Sachin Gite, learned counsel for the Petitioners. None for the Respondents. CORAM : ARUN R. PEDNEKER, J. DATE : 11th SEPTEMBER, 2026. Per Court : 1. None present for the Respondents. 2. Heard learned counsel appearing for the Petitioners. 3. The Petitioners have not appeared in the matter before the concerned authority despite issuance of notice and thereafter an order is passed seeking measurement. 4. The case of Petitioners is that the consolidation scheme was not implemented and that the possession of property was not taken. 11th SEPTEMBER, 2026 Gitalaxmi 9-WP-3640-2024.doc The order seeks merely the measurement of land in possession and is passed in the year 2007, which is confirmed by the appellate authorities till the year 2016. The Petitioners have not been able to demonstrate the serious prejudice caused in the measurements of land. The Petitioners submit that it is not known whether the process of measurement is completed. 5. The mutation entries are only for the fiscal purposes and if the measurement shows that the Petitioners are not in possession of any portion of the land and the Petitioners have the right qua the same, the same can always be adjudicated by the civil proceedings. As such, considering the same, no case is made out to interfere with. 6. Accordingly, the present Writ Petition stands dismissed. [ ARUN R. PEDNEKER, J. ] 11th SEPTEMBER, 2026 GITALAXMI KRISHNA KOTAWADEKAR Digitally signed by GITALAXMI KRISHNA KOTAWADEKAR Date: 2026.09.18 20:11:38 +0530