RAGHVIR BABUSOO HARMALKAR Vs. GURUDAS MUKUND POROB PADGAONKAR
LAWS(BOM)-2018-7-114
HIGH COURT OF BOMBAY
Decided on July 06,2018

Raghvir Babusoo Harmalkar Appellant
VERSUS
Gurudas Mukund Porob Padgaonkar Respondents

JUDGEMENT

Nutan D. Sardessai, J. - (1.) Rule. Heard forthwith with the consent of the learned Counsel appearing for the petitioners. None appeared for the respondent.
(2.) The petitioners have taken exception to the judgment dated 6/05/2016 passed by the Administrative Tribunal in the Mundkar Revision Application No.1/2014 being the impugned judgment for brevity's sake hereinafter by invoking the jurisdiction of this Court under Article 227 of the Constitution of India.
(3.) Heard Shri P. Faldessai, learned Advocate for the petitioners who submitted that the petitioners had lost at all stages of the proceedings namely before the Mamlatdar, the Collector and the Administrative Tribunal. A suit was filed against the petitioner no.1, since deceased, for his eviction in which he had taken a plea of mundkarship in defence which too was decided against him. The said Raghuvir had constructed the house with the permission of Ramnath, brother of the respondent and the co-owner of the property. In view of the plea of mundkarship raised in defence, the issue was referred to the Mamlatdar who held against him. The Deputy Collector too in appeal was swayed by the survey records and who dismissed his appeal while the Administrative Tribunal did not feel it appropriate to interfere with the findings rendered by the Courts below and dismissed the Mundkar Revision Application. This was a fit case to remand the matter to the Mamlatdar for a fresh determination and therefore the impugned judgment had to be quashed and set aside and the matter remanded to the Mamlatdar for a fresh determination.;


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