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Bombay High CourtWP/13387/2018disposed off

Mr. Sandip Vasant Umbre v. Sagar Madhukar Umbre And ORS

2018-11-27Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

WP13387_18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13387 OF 2018 Sandip Vasant Umbre ...

Petitioner Vs.

Sagar Madhukar Umbre and others ...

Respondents Mr. Sachin Hande for Petitioner.

Mr. S. H. Kankal, AGP for Respondents No.2 and 3-State. CORAM : R. G. KETKAR, J.

DATE :

NOVEMBER 27, 2018 P.C. :

Not on Board. At the request of Mr. Hande, taken up in the production Board.

2.

Heard Mr. Hande, learned Counsel for the petitioner and Mr.Kankal, learned AGP for respondents No.2 and 3-State. 3.

This Petition takes exception to the order dated 26.10.2018 passed by the Additional Commissioner, Pune Division, Pune, which is to the following effect:

"

Order Status quo not extended as the appellant has been using dilatory tactics. So the appellant cannot remain and work as Sarpanch. The respondent may clarify this position to the Gram Panchayat and B. D. O., Maval."

4.

By the impugned order, status-quo granted earlier, was not extended on the ground that petitioner herein, who was appellant before the Additional Commissioner, has been using dilatory tactics. Mr. Hande has tendered Rojnama of proceedings before the Additional Commissioner. Rojnama shows that after not extending the status-quo on 26.10.2018, the Additional Commissioner has fixed the appeal for 1/2

WP13387_18.doc hearing on 30.11.2018. He assures that on 30.11.2018, petitioner will proceed with the arguments of the appeal and will not seek adjournment on any ground.

5.

In view thereof, the Additional Commissioner will hear the parties on 30.11.2018 and will decide the appeal and pass appropriate order in accordance with law. Subject to this, Petition is disposed of. (R. G. KETKAR, J.) Minal Parab 2/2