1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5215/2010. (Laxman Sopan Ghogare and Ors. Vs. The State of Maharashtra and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SB Bhosale, Adv. for petitioners; Mrs.SD Shelke, AGP for Respondent Nos. 1 to 4; Mr.RV Naiknaware, Adv. for Respondent No.5; Mr.Ajay Shinde, Adv. for Resp.No.7 *** CORAM : K.U.CHANDIWAL ,J. DATE : 25 th October, 2010. ... 1) Heard. 2) Though several questions were raised by both the learned Counsel, fact remains, there is decree in RCS No.37/1982 (some places it is referred as 37/1983) and also RCS No.331/1981, confirmed by the appellate court by judgment in RCA No. 139/1984 and 160/1984. The Second Appeal No.654/1982 moved by the respondent (in WP) also dismissed. Thus, there is finality to entitlement of forefathers of the petitioner, in tune with the decree in RCS No.37/1982. 3) The respondent on 25.08.2005 moved an application (copy of which is not annexed to the writ petition, however, it is tendered during the course of 2 submissions) before the Deputy Director of Land Records, Aurangabad for correcting the record of 7/12 extract/revenue record. Based on this letter the proceedings are initiated by the competent authorities under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947. 4) The orders, subject of this writ, call for interference, limiting to the extent of not to cause variation in the respective holdings of the parties beyond the scope of findings recorded in RCS No.37/1982, confirmed up to the Second Appeal. 5) With this clarification, the writ petition is allowed to the extent indicated above. No costs. (K.U.CHANDIWAL) JUDGE bdv/