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Bombay High CourtWP/2785/2020disposed off

Isaratbee Rafiq Mulla Through Power Of Attorney Mainoddin Imamsab Shaikh v. Mobinbee Mainoddin Shaikh

2022-01-12Hon'Ble Shri Justice S V Gangapurwala2 pages

1 15-wp 2785-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2785 OF 2020 Isaratbee Rafiq Mulla Through Power of Attorney Mainoddin Imamsab Shaikh .. Petitioner

Versus

Mobinbee Mainoddin Shaikh .. Respondent Mrs. M. D. Thube-Mhase, Advocate for the Petitioner. Mr. A. V. Indrale Patil, Advocate for Sole Respondent. CORAM : S. V. GANGAPURWALA, J.

DATED : 12th JANUARY, 2022.

PER COURT:- .

The learned counsel for respondent raises a preliminary objection that the petitioner has remedy of filing second revision before the State Government.

2.

The learned counsel for respondent relies on the judgment of the Apex Court in a case of Gurudassing Panjwani Vs. State of Maharashtra reported in 2015 (6) Mh.L.J. 915.

3.

In the light of that, writ petition is disposed of with liberty to the petitioner to avail alternate remedy. In that event, all contentions are kept open. No costs.

2 15-wp 2785-2020.odt 4.

The authority where the proceedings would be filed shall consider the time spent in prosecuting the present writ petition. ( S. V. GANGAPURWALA ) JUDGE P.S.B.