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Bombay High CourtWP/13686/2019disposed offdismissed for default

Maruti Wadja Ghule And Another v. Yeshwanta Madhav Ghule Through Lrs Shankar Yeshwanta Ghule And Others

2019-11-11Hon'Ble Shri Justice Ravindra V. Ghuge4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13680 OF 2019 SUGRIV WADJI GHULE

VERSUS

YASHWANTA MADHAV GHULE THROUGH LRS SHANKAR YESHWANTA GHULE AND OTHERS WITH WRIT PETITION NO. 13686 OF 2019 MARUTI S/O WADJA GHULE AND ANOTHER

VERSUS

YESHWANTA S/O MADHAV GHULE THROUGH LRS SHANKAR YESHWANTA GHULE AND OTHERS ...

Advocate for the Petitioners : Shri N. B. Khandare h/f. Shri N. R. Pawade Advocate for Respondent Nos. 1-b) and 2 : Shri K. J. Suryawanshi and Shri A. A. Khande ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 11th NOVEMBER, 2019.

...

PER COURT :

1.

I have heard the learned Advocate for the petitioners and the learned Advocates appearing on behalf of some of the respondents. A typed copy of the roznama of the Maharashtra Revenue Tribunal Mumbai, at Aurangabad in Case No. 66/B/2015/B dated 05/11/2019, has been placed on record. The

orders passed in this period are also placed on record. It also appears that written notes of arguments have been submitted by most of the parties and the matter has been closed for passing orders.

2.

I am not accepting the request of the 1st petitioner set out in the 1st petition.

3.

There appears to be a consensus between the learned Advocates appearing on behalf of these parties that besides the written notes of arguments, some of them desire to advance oral submissions, in addition.

4.

It is jointly informed that the learned President, MRT is available at Aurangabad till today and his next camp at Aurangabad would begin on 19/12/2019. The learned Advocates, therefore, submit that on the frst day of the next camp at Aurangabad, they would advance their oral arguments in addition to the written notes submitted. Those who would not remain present may be deemed to have relied upon the written notes

of submissions already fled on record.

5.

In view of the above, the 1st petition is disposed of with the following directions :- (a) On the frst date of the ensuing camp of the learned President MRT Aurangabad, those parties interested in advancing oral submissions in addition to their written notes of submissions, would be at liberty to do so and complete their submissions in the course of a day.

(b) Those parties who are absent, shall be deemed to have relied upon the written notes of submissions fled on record.

(c) No adjournment shall be granted on the ground that a new Advocate has been engaged and that he is appearing for the frst time.

(d) The learned President shall thereafter close the proceedings and deliver a judgment on such date as he may deem proper and appropriate.

(It is informed that the learned President is scheduled to visit on 19/12/2019 or on 23/12/2019).

6.

Considering the above, the counsel of the petitioners in this petition submits on instructions from his brother that he desires to withdraw Writ Petition No. 13686/2019. On his request, the petition fle is called for and is disposed of as withdrawn.

(RAVINDRA V. GHUGE, J.) shp/-