← Library
Bombay High CourtCAW/1772/2014allowed

Smt. Baidabai Raghu Khape And ORS. v. Shri. Gablu Arjuna Talawade And ANR.

2015-07-20Hon'Ble Shri Justice Ranjit More.2 pages

Sr.No. Chamber-1 caw 1772.14 SSK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1772 OF 2014 IN CIVIL WRIT PETITION NO.749 OF 1998 Smt. Baidabai Raghu Khape and ors.

....Applicants In the matter between Shri Gablu Arjuna Talawade and anr.

....Petitioners versus Shri Jaywant Dhondu Khape and anr.

....Respondents Mr. Priyal Gopaldas Sarda, advocate for the applicants. Mr. P. B. Shah, advocate for the petitioners. Mr. Manoj Apagonda Patil, advocate for respondent No.1. CORAM : RANJIT MORE, J.

DATED : 20th JULY, 2015.

(In Chambers) P.C.:

By this application, the applicants are seeking recall of the order dated 27th March, 2014, passed in writ petition No.749 of 1998. By the said order, the writ petition was disposed of in terms of the minutes. On the same day, an order was also passed in civil application No.940 of 2014, by which, the said civil application was allowed and name of respondent No.2 was deleted.

2.

Learned counsel appearing for the petitioners and respondent No.1, having taken instructions from their clients, make a statement that they have no objection, if these orders are recalled. In that view of the Shubhada S Kadam 1/2

Sr.No. Chamber-1 caw 1772.14 matter and especially in view of the concession given by learned counsel for the petitioners and respondent No.1, the civil application is allowed in terms of prayer clause (B) and is disposed of as such. The orders dated 27th March, 2014 passed in civil writ petition No.749 of 1998 as well as civil application No.940 of 2014 are recalled. 3.

The Registry is directed to place the writ petition before a Bench taking civil writ petitions.

4.

The applicants are at liberty to apply for interim relief in the aforesaid writ petition. In the event, the said application is filed, the same shall be disposed of on its own merits and without being influenced by the order passed in the instant civil application. (RANJIT MORE, J.) Shubhada S Kadam 2/2