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Bombay High CourtCA/2724/2021disposed off

Karbhari Laxman Korbarne And Others v. The State Of Maharashtra And Others

2022-11-11Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Sanjay A. Deshmukh6 pages

*1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2724 OF 2021 IN CONT. PETITION NO.93 OF 2013 WITH CIVIL APPLICATION NO.2725 OF 2021 IN CONT. PETITION NO.93 OF 2013 WITH CIVIL APPLICATION NO.2726 OF 2021 IN CONT. PETITION NO.93 OF 2013 WITH CIVIL APPLICATION NO.13885 OF 2021 IN CONT. PETITION NO.93 OF 2013 WITH CIVIL APPLICATION NO.10530 OF 2021 IN CONT. PETITION NO.93 OF 2013 WITH CONTEMPT PETITION NO.93 OF 2013 Karbhari Laxman Korbarne And Others

VERSUS

The State Of Maharashtra And Others Mrs. Shinde (More) Vaishali A., Advocate for the Applicants Mr.A.V. Hon, Advocate for respondent No.3 Mr.V.P. Patil, Advocate for respondent No.7 Mr.A.D. Ostwal, Advocate for respondent No.9

*2* WITH CIVIL APPLICATION NO.13647 OF 2021 IN CONT. PETITION NO.93 OF 2013 Amrut Annasaheb Dhumal

VERSUS

Karbhari Laxman Korbarne And Others Mr.Kale Ajeet B., Advocate for the Applicant Mrs. Shinde (More) Vaishali A., Advocate for the petitioners in CP Mr.A.V. Hon, Advocate for respondent No.3 in CP Mr.V.P. Patil, Advocate for respondent No.7 in CP WITH CIVIL APPLICATION NO.2727 OF 2021 IN CONTEMPT PETITION NO.94 OF 2013 Bhausaheb Shripati Pawar versus The State of Maharashtra and others Mrs. Shinde (More) Vaishali A., Advocate for the applicant Mr.A.V. Hon, Advocate for respondent No.3 in CP Mr.V.P. Patil, Advocate for respondent No.7 in CP WITH CIVIL APPLICATION NO.3847 OF 2022 IN CONT. PETITION NO.93 OF 2013 Sudhir Dagaduram Tanpure

VERSUS

Karbhari Laxman Korbarne And Others

*3* Mr.Dhage Hemant U., Advocate for the applicant Mrs. Shinde (More) Vaishali A., Advocate for the petitioners in CP Mr.A.V. Hon, Advocate for respondent No.3 in CP Mr.V.P. Patil, Advocate for respondent No.7 in CP CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.

DATE :- 11th November, 2022 Per Court :- (a) Civil Application No.2724/2021 1.

The applicants pray that the documents annexed at Exhibit A to the Civil Application be taken on record for reference and consideration.

2.

Heard the learned advocates for the respective sides. 3.

Considering the averments and reasons cited, Civil Application No.2724/2021 is allowed. The documents with proper pagination in continuation and advocate's attestation, be produced on record along with a short affidavit. Let this exercise be completed within three weeks.

(b) Civil Application No.2725/2021

*4* 4.

The applicants pray for leave to add the proposed respondent Nos.13 to 15.

5.

Issue notice to the proposed respondent Nos.13 to 15, returnable on 16.12.2022.

(c) Civil Application No.2726/2021 6.

The applicants pray that the legal heirs of the deceased petitioner No.2 be brought on record. Delay of 105 days is caused.

7.

In view of the above and upon considering the contentions of the learned advocates for the respective sides, this Civil Application No.2726/2021 is allowed. Delay is condoned. The legal heirs of the deceased petitioner No.2 be brought on record within three weeks.

(d) Civil Application No.13885/2021 8.

The applicants desire to amend the Contempt 9.

Affidavit in reply to the proposed amendment be filed on or before 09.12.2022.

10.

List this Civil Application No.13885/2021 on

*5* 16.12.2022 for hearing.

(e) Civil Application No.13647/2021 10.

The applicant desires to intervene in the Contempt 11.

Affidavit in reply be filed on or before 09.12.2022. 12.

Stand over to 16.12.2022.

(f) Civil Application No.10530/2021 13.

The applicants pray that the delay of 47 days be condoned and the legal heirs of the deceased petitioner No.4 be brought on record in the Contempt Petition.

14.

In view of the above and upon considering the contentions of the learned advocates for the respective sides, this Civil Application No.10530/2021 is allowed. Delay is condoned. The legal heirs of the deceased petitioner No.4 be brought on record within three weeks.

(g) Contempt Petition No.93 of 2013 15.

An order was passed by this Court on 02.03.2022. The same does not appear to have been implemented.

*6* 16.

Stand over to 16.12.2022.

17.

We grant liberty to those covered by the order to cause the implementation of the order, failing which, explain to the Court as to why the order of this Court is not being complied with. If we notice deliberate or intentional non compliance, we would not hesitate to initiate suo-moto contempt proceeding. (h) Civil Application No.2727/2021 18.

The applicant prays for leave to add the proposed respondent Nos.13 to 15.

19.

Issue notice to the proposed respondent Nos.13 to 15, returnable on 16.12.2022.

(i) Civil Application No.3847/2022 20.

The applicant desires to intervene in the Contempt 21.

Affidavit in reply be filed on or before 09.12.2022. 22.

Stand over to 16.12.2022.

kps (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.)