Ayesha Idris Naikwadi v. Sajid Ali Barkat Ali Pathan And ANR.

caw-645.15 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.645 OF 2015 IN WRIT PETITION NO.5830 OF 2013 Ayesha Idris Naikwadi ... Applicant In the matter between Sajid Ali Barkat Ali Pathan and Anr.

... Petitioners

Versus

State of Maharashtra and Ors.

... Respondents Mr. M.S. Ansari i/by R.M. Momin for the Applicant. Mr. Drupad S. Patil for the Petitioners.

Mrs. M.P. Thakur, AGP for the Respondent Nos.1 to 3. Mr. G.H. Keluskar for Respondent Nos.5 and 6. CORAM : A.S. OKA & A.A. SAYED, JJ.

DATE : 9th MARCH, 2016 [In Chamber at 2.40 pm] P.C.

Heard the learned counsel appearing for the parties. Perused the application. It is true that the order of remand has been passed in the main Writ Petition by recording a statement which was made by the learned counsel appearing for the Applicant (4th Respondent in Writ Petition) which finds place in the third paragraph of the order dated 24th March, 2014. We must record here that when this Bench was about to pass an order on merits by setting aside the

caw-645.15 impugned caste validity certificate and by directing a fresh enquiry, a statement was made by the learned counsel appearing for the Applicant which is recorded in the third paragraph of the order perhaps to ensure that this Court should not record any adverse findings against the Applicant. The stand taken was in the interest of the Applicant. Hence, there is no reason to modify the order passed in the Writ Petition. Subject to what is observed above, the application is disposed of. (A.A. SAYED, J ) (A.S. OKA, J )