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Bombay High CourtWP/8379/2016disposed offdismissed for default

Jaywant Mallikarjun Patil v. Parvin Sultana Amir Momin And Others

2019-12-12Hon'Ble Shri Justice V.K. Jadhav2 pages

909-WP-8379-2016.odt -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 WRIT PETITION NO.8379 OF 2016 JAYWANT MALLIKARJUN PATIL

VERSUS

PARVIN SULTANA AMIR MOMIN AND OTHERS ...

Advocate for Petitioner : Mr. Jadhavar Santosh S. AGP for Respondents-State: Mr. S.K. Tambe Advocate for Respondent Nos. 1 to 4: Mr. S.A.P. Quadri ...

CORAM : V. K. JADHAV, J.

DATED : 12th DECEMBER, 2019 PER COURT :- 1.

By interim order dated 03.08.2016, this Court has directed the tribunal to release the petitioner forthwith from the civil prison and further directed the petitioner to comply with certain conditions. It further appears that, by order dated 03.08.2016, this Court has recorded that the petitioner has submitted an undertaking and also furnished surety. However, in the order dated 05.07.2017, it is recorded that the learned counsel appearing for respondent nos. 1 to 4 wanted to inspect the record and proceedings to fnd out as to whether the petitioner has complied with the condition in terms of the order dated 03.08.2016. Thus, the record and proceedings in R.D. (MACP) No.1/2012 is called and the same is now received. The compliance, if any, is required to be made in terms of the order dated 03.08.2016, the petitioner shall comply the directions given by this Court in the order dated 03.08.2016

909-WP-8379-2016.odt -2without fail and in case, if those conditions are not fulflled, the tribunal would be at liberty to pass an appropriate order against the petitioner.

2.

The writ petition is hereby disposed of in terms of the interim order dated 03.08.2016. Needless to say that the order under challenge about the civil prison is hereby set aside in terms of the interim order dated 03.08.2016. 3.

Record and Proceedings shall be sent back forthwith.

(V. K. JADHAV, J.) Sam..