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Bombay High CourtCA/9398/2016rejected at admission stage

Ravindra Digambar Mahajan And Others v. Avantikabai Gambhir Mahajan And Others

2016-07-01Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

{1} ca9398-16 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.9398 OF 2016 IN WRIT PETITION NO.10854 OF 2015 Ravindra Digambar Mahajan and Others APPLICANTS

VERSUS

Avantikabai Gambhir Mahajan & others RESPONDENTS .......

Mrs. Chaitali R. Kutti Choudhary, Advocate for the applicants Mr. A. G. Talhar, Advocate for respondents No.1 to 4 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 1 st JULY, 2016 ORDER :

1.

Heard learned advocates for the parties.

2.

There is a request under this application in a disposed of writ petition wherein earlier under order dated 28th October, 2015 interim relief had been granted in applicants' favour, however, subsequently, under order dated 15th June, 2016 the writ petition has been rejected.

3.

Learned advocate for the applicants contends that taking disadvantage of rejection of the writ petition, the respondents are trying to interfere with possession of the plaintiffs over the

{2} ca9398-16 suit property.

4.

It appears that the suit has already been directed to be disposed of at an early date. Under this civil application, such a request can hardly be considered, while the matter has been finally decided.

5.

It appears that the applicants want to go ahead against rejection of the writ petition.

6.

It is open for the applicants to prosecute that course in accordance with law.

7.

Civil application, as such, stands rejected.

[SUNIL P. DESHMUKH, J.] drp/ca9398-16