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Bombay High CourtWP/1332/2016

Ranjit Rajeyar v. D. G. Infrastructure Pvt. Ltd. And 9 ORS

2015-12-04Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

WPL.3387.2015.902.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 3387 OF 2015 Ranjit Rajeyar } Petitioner versus D. G. Infrastructure Pvt.

} Ltd. and Ord.

} Respondents Mr. Mathews Nedumpara i/b. Mr. Nishant M. Sangle for the Petitioner.

Mr. Lalitkumar Jain i/b. M/s. Lalitkumar Jain and Associates for Respondent Nos. 2 and 3.

Mr. N. M. Suryawanshi - Chief Manager - SBI present in Court.

CORAM :- S. C. DHARMADHIKARI & B. P. COLABAWALLA, JJ.

DATED :- DECEMBER 4, 2015 P.C. :- On instructions from the officer of Respondent No. 2 Bank present in Court, it is stated that the appointment, which was scheduled for taking possession of immovable property, which is the subject matter of the Petition, has been cancelled by the Tahsildar.

2) We accept the statement made on instructions by Mr. Jain. In the light of this statement, apprehension of the J.V.Salunke,PA

WPL.3387.2015.902.doc Petitioner that Respondent Nos. 2 and 3 so also Respondent Nos. 4, 5 and 6 would dispossess the Petitioner from the immovable property does not survive.

3) We would expect Respondent Nos. 2 to 8 not to precipitate the matter until the Court of Civil Judge, Senior Division, Raigad at Alibag disposes of an application in Suit No.213 of 2015.

4) It is stated that the said application is listed by the concerned Court on 14th December, 2015.

5) We would expect the learned Judge of that Court to dispose of that application expeditiously and if possible on the given date and time.

4) The Petition is disposed of. We keep all contentions of both sides open.

(B.P.COLABAWALLA, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA