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Bombay High CourtWP/371/2016disposed off

Rajendra Radhakisan Jakhete v. Prakash S/O Shivchandra Jakhete And Other

2016-04-05Hon'Ble Shri Justice Nitin W. Sambre2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 371 OF 2016 Rajendra Radhakisan Jakhete, Age: 61 years, Occu: Business, R/o. 3rd Floor, City Servey No. 2065, Navi Peth, Jalgaon, Tq. & Dist. Jalgaon ..PETITIONER

VERSUS

1.

Prakash s/o Shivchandra Jakhete, Age: 55 years, Occu: Business, 2.

Aaditya Prakash Jakhete, Age: 23 years, Occu: Business, 3.

Sau. Priti Prakash Jakhete, Age: 52 years, Occu: Household 4.

Akshay Prakash Jakhete, Age: 21 years,Occu: Business, All R/o Shiv Mohini Bungalow, Shivram Nagar, Tq. and District Jalgaon ..RESPONDENTS Mr K. C. Sant, Advocate for petitioner CORAM : N.W. SAMBRE, J.

DATE : 5th April, 2016 ORAL ORDER :

The learned Tahsildar, Jalgaon, who is conferred with the powers under Section 145 of Code of Criminal Procedure, while dealing with the claim put forth by the petitioner in relation to property bearing City Survey No. 2065 has passed an order directing parties there to, to maintain status quo as on 4th January, 2016.

criwp371.16 (2) 2.

It is then noted that an application came to be moved by the petitioner seeking appointment of receiver, which was rejected without narrating any reasons. As such present petition. 3.

Heard Mr. Sant, learned Counsel appearing on behalf of the petitioner at length.

4.

The dispute appears to be between blood relations. In this background and looking to the provisions of Section 145 of Code of Criminal Procedure, in my opinion, it will be appropriate to direct the Executive Magistrate, Jalgaon (Tahsildar) to expedite the proceedings initiated under Section 145 of Code of Criminal Procedure, being Criminal Application No. 1 of 2016 pending before him and decided the same preferably within period of ten weeks from today. 5.

Criminal Writ Petition stands disposed of in above terms. (N.W. SAMBRE, J.) sjk