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Bombay High Court

TAIBAI GAMJYA CHOUDHARIversusSTATE OF MAHARASHTRA THR. MINISTER REVENUE AND FOREST DEPT. AND ORS

Decided
Disposal
Disposed Off

Holding

The review petition is dismissed; the order dated 5 February 2024 stands.

Summary

The petitioner, Taibai Gamjya Choudhari, filed a review petition seeking to recall the order dated 5 February 2024 in a property dispute, alleging that he was unaware of mutation entries (Nos. 1074 and 1075) made on 25 June 2021 which added other heirs to the revenue record. He contended that, based on a civil court order, he alone was entitled to the properties and therefore the earlier order should be set aside. The Court examined the mutation entries and observed that the order had already been implemented and that the revenue record reflected the inclusion of other legal representatives alongside the petitioner. It found no prejudice to the petitioner and concluded that there was no ground to recall the 5 February 2024 order. Consequently, while condoning the delay in filing the review petition, the Court allowed the interim application and dismissed the review petition.

Issues considered

  • Whether the delay in filing the review petition can be condoned.
  • Whether the order dated 5 February 2024 should be recalled on the ground of the mutation entries and the petitioner's claim of exclusive entitlement.
  • Whether the petitioner suffers any prejudice as a result of the order's implementation.

Subjects

  • review petition
  • condonation of delay
  • mutation entry
  • property dispute
  • civil appellate jurisdiction
  • order recall
  • prejudice

Judgment

                                                                 77-rpwst-24625-2026-wp-4260-2021.doc




             varsha
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
                                  REVIEW PETITION (ST) NO. 24625 OF 2026
                                                        WITH
                                  INTERIM APPLICATION NO. 7228 OF 2026
                                                          IN
                                       WRIT PETITION NO. 4260 OF 2021


                      Taibai Gamjya Choudhari                                 … Petitioner
                                 Vs.
                      State of Maharashtra through Minister … Respondents
                      Revenue and Forest Department and Ors


                      Mr. Anilkumar Patil a/w. Ms. Rishabh Tiwari, Ms. Ahitali Bhogle, Mr.
                      Digvijay Patil i/b. Mr. Sagar Kasar for the Petitioner.
                      Ms. Kavita N. Solunke, Addl GP for the Respondent-State.
        Digitally
        signed by
        VARSHA
VARSHA VIJAY
VIJAY   RAJGURU
RAJGURU Date:
        2026.09.16
        19:18:36
        +0530


                                                       CORAM : GAURI GODSE, J.
                                                        DATED : 16th SEPTEMBER 2026


                      ORDER:

                      INTERIM APPLICATION NO. 7228 OF 2026

                      1.    This application is for condonation of delay in filing the review

                      petition. The review petition is filed to recall and review the order

                      dated 5th February 2024. Learned counsel for the petitioner submits

                      that pursuant to the order impugned in the writ petition, necessary

                                                     Page no. 1 of 2
                                          77-rpwst-24625-2026-wp-4260-2021.doc



inquiry was already made and mutation entry Nos. 1074 and 1075

were effected on 25th June 2021. He submits that when the writ

petition was disposed of, the petitioner was not aware about the

said mutation entries. He therefore submits that in view of the order

passed by the civil court, only the petitioner is exclusively entitled to

the properties which are the subject matter of the order impugned in

the petition.

2.    I have perused the mutation entries. It appears that pursuant

to the order that was impugned in the writ petition, necessary inquiry

is made and the name of other heirs and legal representatives are

added in the revenue record along with the petitioner’s name.

3.    Hence, when the order dated 5th February 2024 was passed,

the order impugned in the writ petition was already implemented.

Even otherwise, I do not see any prejudice to the petitioner. There is

no ground to recall the order dated 5th February 2024.

4.    In the facts and circumstances of the case, delay is condoned

and the interim application is allowed in terms of prayer clause (a).

For the reasons recorded above, the review petition is dismissed.



                                                      (GAURI GODSE, J.)



                              Page no. 2 of 2


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