Mr. Bhalchandra Dashrath Vaity v. Madan Dashrath Vaity

16-WP-13603-2017.DOC Jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO. 18538 OF 2018 IN WRIT PETITION NO. 13603 OF 2017 Shri Madan Dashrath Vaity ... Petitioner

Versus

M.C.G.M. & Ors.

... Respondents None for the Petitioner.

Mr. Suresh M. Sabrad for Applicant.

Mr. Pradeep M. Patil, for Respondent Nos. 1 and 2.

CORAM:

A.S. OKA AND RIYAZ I. CHAGLA, JJ.

DATE:

29TH JUNE, 2018 PC:- 1.

The learned counsel appearing for the Respondent Nos. 1 and 2 tenders an Affidavit of Shri Sachin B. Nehere, Assistant Engineer, 'T' Ward. We accept the statements made in the Affidavit. Place the Petition under caption of 'directions' on 1st August, 2018 for reporting compliance. A third party Shri Bhalchandra Vaity tenders an application for intervention through his Advocate. Such Civil Application for intervention in a disposed of Writ Petition is not maintainable. The second prayer made is for issuing a direction to the City Civil Court to dispose of Notice of a Motion. Such a direction cannot be issued as the Suit is of the year 2018. The third prayer made in the Civil Application cannot 1/2

16-WP-13603-2017.DOC be sought as Suit filed by the Applicant is pending. 2.

Hence the said application is rejected.

( RIYAZ I. CHAGLA J. ) ( A.S. OKA, J ) 2/2