State Of Maharashtra v. Vithal Dhondiba Borade And ORS

1 CA 4972-2001

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4972 of 2001 WITH CIVIL APPLICATION NO. 40 of 2001 IN SECOND APPEAL NO. 789 of 2003 Smt. Shakuntalabai Vishwanath Rokade ...APPLICANT

VERSUS

Vitthal Kondiba Borade and others ...RESPONDENTS Mr. A.M. Gaikwad, Advocate for applicant Mr Rahul Kale, Advocate for respondents No.1 & 2 Mrs. V.N. Patil-Jadhav, Asstt.Govt. Pleader for respondent No.3 Mr S.H. Joshi, Advocate for respondent No.4 CORAM : NITIN W. SAMBRE, J.

DATE : 17th November, 2017 ORAL ORDER :

On June 4, 2008, the Second Appeal was admitted, and on January 9, 2001 this Court granted ad-interim relief, which is in operation for a period of last about 17 years.

2 CA 4972-2001 2.

Though the application for vacation of ad-interim relief is moved, the application is not persuaded for last 17 years. 3.

In view thereof, the interim relief ordered by this Court on January 9, 2001 is confirmed.

4.

Civil Application No. 40 of 2001 stands allowed in above terms.

5.

So far as Civil Application No. 4972 of 2001 is concerned, in view of above observations, the same stands disposed of, with liberty to file afresh, if any occasion arises. ( NITIN W. SAMBRE, J.) pjm