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Bombay High CourtWP/3344/2008disposed offdismissed for default

Dattabhau Annasaheb Pathrikar v. Surjitsngh Tilakraj Khungar And ORS

2020-02-21Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3344 OF 2008 DATTABHAU ANNASAHEB PATHRIKAR

VERSUS

SURJITSNGH TILAKRAJ KHUNGAR AND OTHERS Mr.P.V.Barde, Advocate for the petitioner.

Mr.S.S.Tope, Advocate for respondent No.3.

Mr.S.S.Wagh h/f Mr.S.T.Shelke, Advocate for respondent No.9. Mr.R.S.Deshmukh, Advocate for respondent No.3. ( CORAM : Ravindra V.Ghuge, J.) DATE : 21/02/2020 PER COURT :

1.

I have perused the petition paper book with the assistance of the learned Advocates.

2.

By the impugned judgment dated 30/04/2008, the election of respondent No.3 as a Councillor to Ward No.48, was declared as void. This Court had heard the litigating sides on 06/05/2008. Subsequently, as the Trial Court had protected the petitioner, the said order was continued. Vide a speaking order dated 03/07/2008, this petition was admitted and interim relief was confirmed. khs/Feb.2020/3344-d

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It is informed that there have been at least 3 elections after the impugned judgment was delivered by the Trial Court and this petition is rendered infructuous.

4.

In view of the above, this petition is disposed off, as being infructuous. Rule is discharged.

( Ravindra V.Ghuge, J.) khs/Feb.2020/3344-d