2.WP.11178.2025.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIRCUIT BENCH AT KOLHAPUR CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11178 OF 2025 Bashir Vajirbhai Shaikh .. Petitioner Versus The State of Maharashtra and Ors. .. Respondents ....................  Mr. Rajaram V. Bansode a/w. Ms. Sheetal Ubale, Mr. Mohan M. Chavan and Mr. Sumit S. Dhanawade, Advocates for Petitioner.  Mr. Siddheshwar B. Kalel, AGP for Respondent – State.  Mr. Chinmay Deshpande, Advocate for Respondent No.7. ......…........... CORAM : MILIND N. JADHAV & NANDESH S. DESHPANDE, JJ. DATE : JULY 30, 2026. P.C.: 1. Heard Mr. Bansode, learned Advocate for Petitioner; Mr. Kalel, learned AGP for Respondent - State and Mr. Deshpande, learned Advocate for Respondent No.7. 2. We are very clear about the order we passed on 25.06.2026. What we have stated in paragraph Nos.3 and 4 is clear and unequivocal. succinctly clear. It is unambiguous. 3. Today, when the matter is placed before us for compliance, we are shocked beyond measure to see that the learned Government Pleader, Mr. Kalel has taken up the cudgels on behalf of private Respondent No.7, represented by Advocate Mr. Deshpande. Mr. 1 of 4 2.WP.11178.2025.doc Deshpande, as usual, stands stoically silent next to Mr. Kalel. We do not understand the reason as to why the Government is hell-bent on protecting the interest of the private Respondent in defiance of the order of this Court. We are not the first Court to have passed the order dated 25.06.2026. All that is required is the implementation of the order dated 09.08.2023. 4. On the contrary, we have directed the Deputy Superintendent of Land Records (for short 'DSLR') to ensure that the said order is implemented in its true letter and spirit. Instead of doing so, when the matter is placed for compliance after four weeks, Mr. Kalel is vehemently arguing the applicability of Section 135 of the Maharashtra Land Revenue Code, 1966 (for short 'MLR Code') and is attempting to re-argue and re-open the case on merits. We have perused Section 135 of the MLR Code. It pertains to disputes relating to boundaries between survey numbers and the subdivision of any survey number or subdivision thereof. How this provision is relevant to the present proceedings is beyond our comprehension? There is a decree which has attained finality and is required to be implemented. The private Respondent has lost both the First Appeal and the Second Appeal and has not chosen to challenge the same before the Supreme Court. We have made these specific observations. The stand taken by the learned Government Pleader is of raking up the disputed questions of facts before us which already stand decided in the order dated 2 of 4 2.WP.11178.2025.doc 09.08.2023 in the final Decree Application. We direct the Deputy Superintendent of Land Records, who is present before us namely Mr. Dilip Kumar Vasantrao More, to implement and carry out the directions contained in paragraph No.4 of our order dated 25.06.2026 in accordance with the order dated 09.08.2023. If the Deputy Superintendent of Land Records faces any difficulty, we have already issued further directions in the said order. 5. The Deputy Superintendent of Land Records cannot come to this Court through the learned Government Pleader and seek to raise issues involving disputed questions of facts. If the Deputy Superintendent of Land Records has any grievance, he may challenge the judgment in the Second Appeal order or any other order in execution proceedings in accordance with law. 6. We have also noticed that the present state of affairs amounts to a travesty of justice for the litigant before us, who has for the last three decades been running from pillar to post. 7. We direct Mr. Dilip Kumar Vasantrao More, Deputy Superintendent of Land Records to comply with the order in its letter and spirit, failing which we shall shall be constrained to pass appropriate orders in accordance with law. 3 of 4 2.WP.11178.2025.doc 8. Stand over to 13th August 2026. To be placed under the caption 'For Compliance'. [ NANDESH S. DESHPANDE, J. ] [ MILIND N. JADHAV, J. ] Ajay 4 of 4 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.07.31 17:53:28 +0530