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2025 DAILYLAW 43184 (BOM)

MARUTI DHONDI KURANE AND ANR. v. BABU SUBHANA KURANE (SINCE DECD.) THROUGH LRS. AND ORS.

WP/1515/2019 · 2025-02-05

Shri Amit Borkar

body2025

Judgment text

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62-wp1515-2019.doc VRJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1515 OF 2019 Maruti Dhondi Kurane & Anr. … Petitioners V/s. Babu Subhana Kurane Deceased Through L.R. & Ors. … Respondents Mr. Ameyprasad Atigre h/f. Mr. Kedar Lad for the petitioners. Ms. V. R. Raje, AGP for the State-respondent Nos.13 to 15. CORAM : AMIT BORKAR, J. DATED : FEBRUARY 5, 2025 P.C.: 1. The writ petition arises out of proceedings initiated by the petitioners under Section 32 of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947. Record indicates that the scheme under the Act was finalized in the year 1980-82. However, the application under Section 32(1) of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 was filed in the year 2015. This Court has taken consistent view that an application under Section 32(1) has to be filed within reasonable time which is held to be three years. However, the application after 30 years cannot be entertained. The writ petition is, therefore, dismissed. No costs. (AMIT BORKAR, J.) 1 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2025.02.05 19:07:03 +0530