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2026 DAILYLAW 6399 (BOM)

AVINASH DNYANESHWAR DHAMALE AND ORS v. MANGALMURTI GANESH DEO AND ORS

IA/4687/2026 · 2026-08-31

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Judgment text

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Gitalaxmi 1-IA-4687-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4687 OF 2026 IN WRIT PETITION NO. 8014 OF 2026 AVINASH DNYANESHWAR DHAMALE AND ANOTHER ...APPLICANTS IN THE MATTER BETWEEN : MANGALMURTI GANESH DEO AND OTHERS ...PETITIONERS Versus AVINASH DNYANESHWAR DHAMALE AND OTHERS ...RESPONDENTS Mr. S. G. Karandikar a/w Mr. Abhijit P. Kulkarni & Mr. Gaurav Shahane i/b Shreyas R. Zarkar, Advocates for the Petitioners. Mr. Abhay Khandeparkar, Sr. Advocate a/w Mr. Ravikant Purohit & Mr. Sagar Shahani i/b Mr. Abheek Melwani, Advocates for Respondent Nos. 1 & 2. Mrs. M. S. Shrivastav, AGP for the State-Respondent. CORAM : ARUN R. PEDNEKER, J. DATE : 31st AUGUST, 2026. Per Court : 1. Heard learned counsel appearing for the parties. 31st AUGUST, 2026 Gitalaxmi 1-IA-4687-2026.docx 2. Learned counsel for the Petitioners submits that by the impugned order dated 30th July, 2025 passed by the Revenue Minister has to be quashed and set aside the order impugned before it and has remitted the matter back to the Sub-Divisional Officer (“SDO”), Haveli. Learned counsel further submits that the matter ought to have been remitted back to the Nayab Tahsildar, Haveli by setting aside all the orders including the order of Nayab Tahsildar, Haveli. 3. Learned counsel for the Respondents fairly, on instructions, submits that he has no objection if the impugned order is modified to the extent that the order of SDO is also set aside and the matter is also remitted back to the Nayab Tahsildar, Haveli. 4. Considering the aforesaid submissions, the impugned order is modified and order dated 9th October, 2012 passed by the Nayab Tahsildar, Haveli is also set aside and the matter is remitted back to the Nayab Tahsildar, Haveli for fresh adjudication. 5. Parties to appear in the office of Nayab Tahsildar, Haveli on 23rd September, 2026 at 3:00 p.m. Thereafter, the Nayab Tahsildar, Haveli to give dates as per his convenience and decide the concerned application within a period of 3 months from 23rd September, 2026. 6. All contentions of the parties are kept open. 31st AUGUST, 2026 Gitalaxmi 1-IA-4687-2026.docx 7. I have not expressed any view on merits. 8. Interim Application as well as Writ Petition stand disposed of accordingly. [ ARUN R. PEDNEKER, J. ] 31st AUGUST, 2026 GITALAXMI KRISHNA KOTAWADEKAR Digitally signed by GITALAXMI KRISHNA KOTAWADEKAR Date: 2026.09.05 13:54:42 +0530