1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4397 OF 2010. (KAMLABAI SONABAJI DONGRE..VS.. KHUSHAL JANRAO LOHE & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. H.D. Futane, Advocate for Petitioner. Mr. A.K. Bhangde, Advocate for Respondents No.1. Mr. D.B. Patel, A.G.P. for Respondent No.3. CORAM : SMT. VASANTI A. NAIK, J. DATE : MARCH 17, 2011. On hearing the learned counsel for the parties, it appears that the writ petition needs to be dismissed only on the ground of latches as the petitioner is challenging the order passed by the trial Court on 09.03.2005, by filing the writ petition on 31st July, 2010. The delay in filing the petition has also not been satisfactorily explained. Even on merits, there is no substance in the grounds raised in the petition as no just and proper reason has been shown by the petitioner for deletion of the issue, ‘whether the defendants prove that the alleged sale deed was void as being violative of the provisions of the Prevention of Fragmentation and Consolidation of Holdings Act’. Moreover, a similar application was filed by the petitioner before the trial Court and the same was dismissed and the said order had attained finality. Hence, since there is no merit in the petition the same is dismissed with no order as to costs. 2 The Tahsildar-respondent No.3 to this petition, is however, directed to decide the issue referred to him, as early as possible and positively within a period of six months from the date of communication of this order to the respondent No.3. JUDGE RR..