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Bombay High CourtCA/11154/2018disposed offdismissed for default

Shivanand Kashinath Kanade v. Somnath Sakhahari Adhav And Others

2018-09-04Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice Manish Pitale3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11154 OF 2018 IN CONTEMPT PETITION NO.423 OF 2018 IN WRIT PETITION NO.2584 OF 2009 Shivanand Kashinath Kanade, Age: 52 years, Occu: Service, R/o Mahajan Wadi, Yawal, Tq. Yawal, Dist. Jalgaon ..APPLICANT

VERSUS

Somnath s/o Sakhahari Adhav, Age: 36 years, Occu: Service as Chief Officer, Yawal Municipal Council, Yawal, Tq. Yawal, District Jalgaon & ors ..RESPONDENTS Mr V. T. Chaudhari, Advocate for applicant CORAM : PRASANNA B. VARALE & MANISH PITALE,JJ.

DATE : 4th SEPTEMBER, 2018 ORAL ORDER :

Mr Chaudhari, learned Counsel appearing for the applicant submits that simple notice was issued by this Court to respondent Nos.1 and 2 on 26th June, 2018 in contempt petition and as per process server report, respondent No.2 Mahesh Zagde stood retired from the post of Divisional

(2) Commissioner and Regional Director of Nagar Parishad, Nashik Division, Nashik. He then submits that as per information received by him, in place of Mahesh Zagde, Rajaram Mane joined the post of Divisional Commissioner and Regional Director of Nagar Parishad, Nashik Division, Nashik, as such, he prays for substituting Rajaram Mane in place of respondent No.2 Mahesh Zagde.

2.

Mr Chaudhari, learned Counsel submits that in view of the order passed by this Court in bunch of petition dated 8th November, 2017, the petitioner is entitled to receive certain monetary benefits.

3.

In view of the submission of Mr Chaudhari, learned Counsel appearing on behalf of applicant/petitioner, the application is allowed in terms of prayer clause (B). Necessary amendment be carried out by Friday, i.e. 7th September, 2018 and substitute the name of Rajaram Mane in place of Mahesh Zagde.

(3) 4.

Issue simple notice to respondent No.2 Rajaram Mane, making the same returnable after four weeks.

(MANISH PITALE) (PRASANNA B. VARALE) JUDGE JUDGE Tupe