Gavajinath Yadav Aabuj v. The Sub Divisional Officer

2024:BHC-AUG:12035

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 WRIT PETITION NO. 6053 OF 2021 Gavajinath Yadav Aabuj

VERSUS

The Sub Divisional Officer ...

Advocate for the Petitioner : Mr. S N Pawde AGP for Respondents: Mr. P D Patil Advocate for Respondents 3,4 : Mr. M.S. Kulkarni Advocate for Respondents 5,6 : Mr. Bolkar Yogesh B CORAM : S. G. CHAPALGAONKAR, J.

Dated : June 26, 2024 PER COURT :- 1.

Mr. Mukul Kulkarni, learned advocate appearing for the respondents points out that the order which is subject matter of challenge in this writ petition was also challenged by filing Regular Civil suit No.151 of 2021. The said suit has been dismissed vide order dated 4.7.2023. Petitioners have preferred an appeal before the Civil Court.

2.

Learned counsel appearing for the petitioner do not dispute the aforesaid position and seeks disposal of the writ petition keeping open liberty to prosecute the remedies before the Civil Court.

3.

In view of the submissions advanced, writ petition stands dismissed. However, petitioner shall be at liberty to prosecute the remedy in pending appeal before the District Court.

( S. G. CHAPALGAONKAR, J. ) ...

aaa/-