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Bombay High CourtCAW/194/2018disposed off

Vijay T. Aiya, v. Goregaon Siddharth Nagar Sahakari Grihnirman Sanstha Maryadit, And ORS.

2018-04-16Hon'Ble Shri Justice R.D. Dhanuka3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13929 OF 2017 A/W CIVIL APPLICATION NO. 195 OF 2018 A/W CIVIL APPLICATION NO. 194 OF 2018 Goregaon Siddharth Nagar Sahakari Grihanirman Sanstha Maryadit & Ors.

...Petitioners

vs Divisional Joint Registrar for co-operative Mumbai & Ors.

...Respondents

.....

Mr Vijay D. Patil i/b Sandeep A. Kocharekar for the Petitioners.

Mr S.D.Rayrikar, AGP for Respondent Nos.1 and 4/State. Ms Sharmila U. Deshmukh for Respondent Nos.2 and 3. Mr ShriramS. Redij for applicant in CAW No.195 of 2018. Ms Manjin S. Parasnis for the applicant in CAW No.194 of .....

CORAM : R.D.DHANUKA, J.

APRIL 16, 2018.

P.C. :

It is not in dispute that the Petitioners have already filed revision application against the impugned order dated 4th December, 2017 before Respondent No.1 and the same is pending.

Learned advocate Mr Patil seeks leave to withdraw Pg 1 of 3

this petition with liberty to pursue the said revision application filed before respondent No.1 and prays that the interim relief granted by this Court by an order dated 18th December, 2017 to continue till such revision application is decided by respondent No.1 and for a period of two weeks from the date of decision of the said order if the same is adverse against the petitioners.

Respondent No.1 after hearing the petitioners and other contesting respondents in the said revision application shall dispose of the same as expeditiously as possible and not later than 3 months from the date of first meeting. The petitioners as well as contesting respondents shall appear before respondent no.1 on 25th April, 2018 at 11.00 a.m. Ad-interim relief granted by this Court on 18th December, 2017 to continue till disposal of the said revision application and for a period of two weeks from the date of communication of said order that may be passed by respondent no.1 if the same is adverse against the petitioners.

Writ Petition No.13929 is dismissed as withdrawn Pg 2 of 3

with liberty to pursue the revision application which is filed on 12th December, 2017 with aforesaid directions. All parties to act on the authenticated copy of this order.

Insofar as Civil Application No.195 of 2018 and Civil Application No. 194 of 2018 are concerned, these applicants are for seeking intervention in the revision application filed by the petitioners. Respondent No.1 is directed to hear the applicants to the civil applications also before passing any order in the revision application filed by the petitioners and pass final order after hearing the petitioners as well as applicants to the civil applications. The civil applications are disposed of accordingly. All contentions of the parties on merit are kept open and they shall be entitled to agitate the same before Respondent No.1.

( R.D.DHANUKA, J.) Pg 3 of 3