Vimal Sharad Darpel And Another v. Mangal Chhabu Pawar And Others

*1* 930wp526o17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 526 OF 2017 VIMAL SHARAD DARPEL AND ANOTHER

VERSUS

MANGAL CHHABU PAWAR AND OTHERS ...

Advocate for Petitioners : Shri Chapalgaonkar Shailesh S.. Advocate for Respondents 1 and 3 : Shri Kulkarni Sanket S.. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 11th August, 2017 Per Court:

Learned Advocate for the Respondents relies upon the judgment of the Honourable Supreme Court in the matter of S.Rajeswari vs. S.N.Kulasekaran and others, 2006 (4) SCC 412, to contend that an appeal under Order XXI Rule 101 r/w Rule 103 of the Code of Civil Procedure would be maintainable for challenging the order dated 07.12.2016 delivered in Regular Darkhast No.115/2015. Learned Advocate for the Petitioners submits, on instructions, that this petition may be disposed of and the Petitioners would avail of a remedy under Order XXI Rule 101 r/w Rule 103 of the Code of Civil Procedure. He, however, submits that ad-interim protection granted by this Court may be continued for a period of six months.

*2* 930wp526o17 Considering the above, this Writ Petition is disposed of with liberty to the Petitioners to prefer an appeal. Ad-interim protection granted by this Court by order dated 20.01.2017 shall continue for a further period of EIGHT WEEKS from today only on the condition that the Petitioners shall prefer an appeal along with an application for interim relief within a period of THREE WEEKS from today.

Ad-interim protection of this Court shall continue only for a period of eight weeks during which period, the appeal court may consider the application for interim relief on it's own merits and without being influenced by the ad-interim order of this Court dated 20.01.2017. kps (RAVINDRA V. GHUGE, J.)