LATE KASHINATH SHIVRAM BHARATI @ GOSAVI THRU LHRS vs LAXMAN GYANBA BHARATI @ GIRI AND ORS

Judgment text excerpt

2026:BHC-AS:14640 Megha 3_wp_1250_2020_fc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1250 OF 2020 Late Kashinath Shivram Bharati alias Gosavi through his legal heirs (a) Shantaram Kashinath Bharati alias Gosavi and Ors. ...Petitioners V/s. 1. Laxman Gyanba Bharati alias Giri and Ors. ...Respondents ________________ Mr. Anil Anturkar, Senior Advocate i/b. Mr. Prathamesh Bhargude for the Petitioners. Mr. Prasad S. Dani, Senior Advocate with Ms. Akanksha Gond & Ms. Shubhangi for the Respondents. ________________ CORAM: SANDEEP V. MARNE, J. RESERVED ON: 5 MARCH 2026. PRONOUNCED ON: 26 MARCH 2026. JUDGMENT: 1) By this Petition, Petitioners have challenged the judgment and order dated 30 December 2019 passed by the learned Member (Judicial), Maharashtra Revenue Tribunal, Pune, (MRT) dismissing their Revision Application and confirming the order passed by the Sub Divisional Officer, Pune on 16 May 2016. Page No.1 of 17 26 March 2026 Megha 3_wp_1250_2020_fc 2) The Sub Divisional Officer (SDO) in turn had dismissed the Appeal preferred by Petitioners and confirmed the order of Tahasildar dated 5 January 2016 setting aside Mutation Entry No.2057. In short, the tenancy claim of the Petitioners in respect of concerned agricultural lands has been negatived concurrently by Tahasildar, SDO and MRT. 3) Briefly stated, facts of the case are that the lands bearing old Survey No.106/2017 (new Gat No.552), old Survey No.106/2013 (new Gat No.538), old Survey No.100 and 101(new Gat No.495), old Survey No.86/1/2,3,4,5 (new Gat No.452) and old Survey No.106/3 (new Gat No.554) at Village -Nimgaon-Mhalunge, Taluka-Shirur, District-Pune are subject matter of the Petition, which are hereinafter referred to as the ‘suit lands’. The suit lands were origin