wp8167.10 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 8167 OF 2010 Jagdish s/o Ramrao @ Ramlal Jaiswal ...Petitioner Versus Darshanlal s/o Balaram Jaiswal and others ...Respondents ..... Mr. P.G. Godamgaonkar, advocate for the petitioner Mr. P.R. Katneshwarkar, advocate for respondent Nos.1 to 4. ..... CORAM: B. P. DHARMADHIKARI, J. DATED: 21st FEBRUARY, 2011 PER COURT:- 1 The petitioner-plaintiff's application for temporary injunction has been concurrently rejected. Effort of Shri Godhamgaonkar is to demonstrate to this court that provisions under Rule 31 of M.L.R. Code i.e. Record of Rights and Register (Preparation and Maintenance) Rules 1971 have not been followed. He points out that the petitioner purchased the property in the year 1972 and was away from native place on account of service. In the year 1972 his name appeared as a person cultivating and even thereafter till 2009 he is appearing as a owner. Name of respondent No.1 is suddenly added in the year 1996 for the first time as person in cultivation but then the information sought under the Right to Information Act reveals that there was no wp8167.10 -2- compliance with the provisions of Rule 31 (supra) at the relevant time. According to him, the trial court has overlooked this material aspect. 2 Shri Katneshwarkar, counsel for respondent No.1 to 4 has supported the impugned order. He invites my attention to the concurrent findings. 3 With the assistance of the learned counsel for the parties, I have perused the impugned order and the relevant record made available. I do not find any jurisdictional error or perversity in the impugned order. 4 The petition is therefore, rejected. However, looking to the grievance that the petitioner-plaintiff was away from native place on account of service, the proceedings of R.C.S. No. 92 of 2009 are expedited. The trial court is directed to decide the same as early as possible and within a period of one year from the date of communication of this order to it. 5 With these directions and observations, writ petition is disposed of. No costs. ( B. P. DHARMADHIKARI, J.) rlj/ wp8167.10 -3-