Jitendra Vishwanath Gaikwad v. Vijaya Vithalrao Ingle And Others

*1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2544 OF 2016 IN RA/65/2016 WITH REVIEW APPLICATION NO.65 OF 2016 IN WRIT PETITION NO.3101 OF 2001 JITENDRA VISHWANATH GAIKWAD.

-VERSUSVIJAYA VITHALRAO INGLE AND OTHERS.

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Advocate for Applicant : Shri S.S.Thombre.

Advocate for Respondent 1 : Shri S.R.Barlinge. Advocate for Respondents 2 and 3 : Shri V.B.Jagtap. AGP for Respondent 4 : Shri N.T.Bhagat.

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CORAM: RAVINDRA V. GHUGE, J.

DATE :- 31st January, 2017 Per Court:

a) Civil Application No.2544/2016:- Shri Barlinge, learned Advocate appears on behalf of Respondent No.1. Shri Jagtap, learned Advocate appears on behalf of Respondent Nos.2 and 3.

For the reasons stated in the Civil Application, the delay of

*2* 490 days is condoned subject to the costs of Rs.2,500/- (Rupees Two Thousand Five Hundred), which by the gracious consent of the Respondents, shall be deposited with the Advocates Association of Bombay High Court, Bench at Aurangabad, within a period of TWO WEEKS from today. The Civil Application is, accordingly, allowed. The Review Application shall be processed.

b) Review Application No.65/2016:- The Applicant desires to place on record a copy of the affidavit (undated) which indicates that the Management had informed the Education Officer that in the event the original Appellant/ Respondent No.1 herein succeeds in her litigation, the Management would bear the financial burden of the salary of the 10th teacher provided that the Education Officer grants an approval to the 10th teacher. The copy of the said affidavit is taken on record and marked as Exhibit X for identification.

Shri Jagtap, learned Advocate, submits that he would take instructions on the said affidavit and make his submissions on the next date.

*3* Stand over to 08.02.2017 in the supplementary board. Interim protection granted earlier to the Applicant would continue till the next date.

kps (RAVINDRA V. GHUGE, J.)