M/S. Classic Homes And ORS v. Competent Authority, District Deputy Registrar, Co-Operative Societies, Raigad And ORS

skc 10-CAW127-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 127 OF 2015 IN WRIT PETITION NO. 6402 OF 2014 M/s. Classic Homes & Ors.

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Applicants /Petitioners vs.

Competent Authority, DDR Co-op. Soc. & Ors.

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Respondents And Tahsildar & Anr.

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Prop. Respdts.

Ms Asha Bhuta for Applicants / Petitioners. Mr. S. D. Rayrikar - AGP for Respondent Nos. 1 and 3. CORAM : M. S. SONAK, J.

DATE: 20 JANUARY 2015 P.C. :- 1] Heard the learned counsel for the petitioners. She submits that necessary service has been effected upon the respondents and that she will file an affidavit of service in that regard. 2] This civil application seeks to implead proposed respondent nos. 4 and 5 i.e. The Tahsildar and the Talathi. Leave is granted to implead the said respondents.

3] Amendment to be carried out within a period of two weeks from today.

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skc 10-CAW127-15 4] There is also a prayer with regard to non inclusion of name of respondent no. 2 in the revenue records. There is no urgency to grant relief of this nature, without the main petition being heard for admission and interim reliefs. The said relief has already been prayed for in the main petition itself.

5] Accordingly, this civil application is made absolute in terms of prayer clause (a) only. In so far as prayer clause (b) is concerned, liberty is granted to the petitioners to apply for such relief at the stage when the petition will be taken up for admission and grant of interim reliefs.

6] Civil application is disposed of.

7] Place the main petition on 17 February 2015 for admission. The petitioners to once again serve notice upon respondent no. 2 with regard to said date and thereafter file affidavit of service. (M. S. SONAK, J.) Chandka 2/2