Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1287 OF 2009 Sharad Madhav Nikam ... Petitioner v/s Ankush Rama Nikam ... Respondent Smt.P.V.Badadare for the petitioner. CORAM: SMT.NISHITA MHATRE, J. DATED: 30TH JUNE, 2009 P.C.: 1. The petitioner is aggrieved by the order passed on 25.8.2008 by the Additional Commissioner, Nashik Divsion, Nashik, in RTS/REV/37 of 2004. By this order, the Additional Commissioner confirmed the order passed by the Collector granting permission to the respondent to sell the suit land. 2. The petitioners are heirs of one Tatya Dasu Nikam. The suit was filed by one Gaubai Rama Nikam against the petitioners’ grandfather Tatya. That suit was decreed in favour of Gaubai. The respondent herein, who is the heir of Gaubai, filed Darkhast proceeding in 1997 against the petitioners. The petitioners contended that no proceedings could be filed against them since they were not parties to the original suit being R.C.S.No.929 of 1974 filed by Gaubai against their grandfather. It was also contended that the suit land was ancestral property and, therefore, their grandfather could not have sold the same or entered into an agreement for sale with Gaubai. An application was filed by the respondents before the Trial Court seeking directions to the Collector, Nashik, to grant permission for the sale of the suit land. That application has been granted and accordingly the Collector has granted permission to sell the suit land. 3. There is no document or material on record to indicate that the land was in fact ancestral property. Therefore, in my opinion, the impugned order cannot be considered as perverse. There are no infirmities contained in that order requiring interference from this Court under its writ jurisdiction. 4. Writ petition rejected.