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Bombay High CourtAPPLN/5066/2015disposed off

Prakash Sahebrao Mairal And ORS v. Vimalbai Prakash Mairal And ANR

2016-02-03Hon'Ble Shri Justice V.K. Jadhav38 pages

901 CRIMINAL REVISION APPLICATION NO. 16 OF 2016 FIRODS W/O MOHD MAKBUL FAROKI THE STATE OF MAHARASHTRA & OTHERS Advocate for Applicant : Mr H V Tungar APP for Respondents: Mr N B Patil Issue notice to the Respondents, returnable on 16.3.2016. Learned APP waives notice for respondent no.1 - State.

902 CRIMINAL REVISION APPLICATION NO. 25 OF 2016 SHAIKH AHMED S/O SHAIKH YASSIN RAJIYA NAHID W/O SHAIKH AHMED AND ANR Advocate for Applicant : Mrs S G Chincholkar Issue notice to the Respondents, returnable on 16.3.2016.

3.

Meanwhile, the petitioner to deposit 50% of the arrears of the maintenance amount, before this Court, and, shall continue to pay the maintenance amount as granted by the Judge, Family Court, Nanded by the impugned order dated 17.11.2015 till further orders. With this condition the effect of the order dated 17.11.2015 passed by the learned Judge, Family Court, Nanded below Exh.5 in Petition No.E-56/2015, is stayed, to the extent of arrears.

...

903 WRIT PETITION NO. 11211 OF 2015 PANDURANG VISHWAMBHAR JADHAV MANISHA PANDURANG JADHAV Advocate for Petitioners : Mr V S Undre Issue notice to the respondent, returnable on 24.2.2016.

904 WRIT PETITION NO. 12050 OF 2015 TAPI SAHAKARI PATPEDHI LIMITED THROUGH ITS SPECIAL RECOVERY OFFICER BHASKAR THE DIVISIONAL JOINT REGISTRAR CO OPERATIVE SOCIETIESNASHIK AND OTHERS Advocate for Petitioner : Mr U V Wagh h/f A V Hon AGP for Respondents: Mr N B Patil Issue notice to the Respondents, returnable on 16.3.2016. Learned AGP waives notice for respondents No.1 and 2.

905 WRIT PETITION NO. 1217 OF 2016 SHANKAR VITHALRAO GATALWAR SHREYA SHANKAR GATALWAR AND OTHERS Advocate for Petitioner : Mr A S Deshpande Advocate for Respondents 1-3 : Mr M V Salunke h/f V D Salunke Learned counsel for the petitioner seeks leave to delete respondents no. 4 to 10. Leave granted at the risk of the petitioner.

3.

Mr. M.V.Salunke h/f Mr. V.D.Salunke, learned counsel, appears for respondents no.1 to 3, and seeks time. 4.

Stand over to 10.2.2016.

906 WRIT PETITION NO. 1218 OF 2016 BHIMRAO SHANKARRAO KAWADE NAVNATH VYANKAT KAWADE AND ANOTHER Advocate for Petitioner : Mr V S Undre By way of order dated 17.8.2015 the Trial Court allowed the application at Exh.39 and thereby added the intervenor Sumanbai respondent no.2 herein.

Issue notice to the Respondents, returnable on 2.3.2016.

3.

Till next date of hearing, the effect of the order dated 17.8.2015 passed below Exh.39 in RCS No.81/2015 is hereby stayed.

907 WRIT PETITION NO. 1219 OF 2016 RAMA GOVIND KOLHEWAD AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS Advocate for Petitioners : Mr P D Suryawanshi AGP for Respondents: Mr P N Kutti Issue notice to the Respondents, returnable on 2.3.2016. Learned AGP waives notice for Respondents no. 1 to 3.

908 WRIT PETITION NO. 1221 OF 2016 SUNDAR MANA RATHOD GOVIND MANA RATHOD AND OTHERS Advocate for Petitioner : Mr S J Salunke Learned counsel for the petitioner submits that, by filing an application Exh.62 the petitioner/plaintiff sought amendment in the pleadings, however, the trial Court erroneously rejected the same.

3.

In view of this, issue notice to the Respondents, returnable on 30.3.2016.

4.

Till the next date of hearing, further proceedings in RCS No.116/2011 are hereby stayed.

909 WRIT PETITION NO. 1222 OF 2016 M/S CHOUDHARY THAKKAR ASSOCIATES THROUGH ITS PARTNERSBHASKAR SHANKARRAO CHOUDHAR THE STATE OF MAHARASHTRA AND OTHERS Advocate for Petitioner : Mr A P Bhandari AGP for Respondents 1,2 : Mr S N Kendre Advocate for Respondent 3 : Adv Shaikh Faruk V Patel Issue notice to the Respondents, returnable on 2.3.2016. Learned AGP waives notice for respondents No.1 and 2. Learned counsel Mr. Patel appearing for respondent No.3 seeks time for filing reply.

3.

Mr. Bhandari, learned counsel for petitioner submits that, in a similar state of facts in Writ Petition No.1845/2014 and Writ Petition 1115/2015, this Court has granted adinterim protection to the petitioners while issuing notice. 4.

In view of this, till the next date of hearing, the parties to maintain status-quo as on today in respect of the entries.

912 WRIT PETITION NO. 1225 OF 2016 CHARANJEET SAIDAS VIKHONA SURENDRASINGH SARDARSINGH CHHABDA THROUGH ITS GPA HARMEETSINGH SURENDRASINGH CHHA Advocate for Petitioner : Mr P A Bhosle h/f Mr. A B Kale Though urgent circulation is taken, learned counsel for the petitioner seeks adjournment.

Stand over to 10.2.2016.

913 WRIT PETITION NO. 1226 OF 2016 KAILASH DNYANOBA AWACHAR SANTABAI MADAN AWACHAR AND OTHERS Advocate for Petitioner : Mr S K Chavan Issue notice to the Respondents, returnable on 2.3.2016.

3.

Till the next date of hearing, further proceedings in RCS No.27/2015 are hereby stayed.

914 WRIT PETITION NO. 1227 OF 2016 ARUN PRASAD LONDHE ASIF JABBAR KHAN PATHAN AND OTHERS Advocate for Petitioner : Mr J. K. Bansod h/f Mr. S P Brahme Advocate for Respondents 1-3 : Adv Z M Pathan Issue notice to the Respondents, returnable on 30.3.2016. Mr. Pathan, learned counsel, appears for respondents no.1 to 3 and seeks time.

915 WRIT PETITION NO. 1228 OF 2016 SHAIKH LAL SHAIKH BUDHAN DIED THROUGH LRS SHAIKH KHAIRU SHAIKH LAL AND OTHERS THE ADDITIONAL COMMISSIONER AURANGABAD AND OTHERS Advocate for Petitioners : Mr K. B. Jadhav AGP for Respondents: Mr B.A.Shinde Advocate for Respondents 2,4B,4C,5B,6 and 9: Mr R. T Rathod Issue notice to the Respondents, returnable on 30.3.2016. Learned AGP waives notice for respondent no.1. Mr. Rathod, learned counsel appears for respondents no 2,4B,4C,5B,6 and 9 seeks time for filing reply. Learned counsel appearing for respondents has no objection to call for the Record and Proceedings.

3.

Call Record and Proceedings of the matter pending before the Sub Divisional Officer, Pathri, District Parbhani. 4.

Stand over to 30.3.2016.

917 WRIT PETITION NO. 1230 OF 2016 SAYED SHOYEB KADRI SAYED RASHIDUDDIN KADRI SHAIKH ISSA SHAIKH CHAND AND OTHERS Advocate for Petitioner : Mr A P Sonpethkar h/f P N Sonpethakar Issue notice to the Respondents, returnable on 30.3.2016.

918 WRIT PETITION NO. 1233 OF 2016 DILIP MARIBA DHAWALE THE CHIEF OFFICER, MUNICIPAL COUNCIL AND ANOTHER Advocate for Petitioner : Mr S P Salgar Advocate for Respondent 1 : Mr M P Tripathi Issue notice to the Respondents, returnable on 10.2.2016. Mr. Tripathi, learned counsel appears for respondent no.1 and waives notice.

919 WRIT PETITION NO. 1234 OF 2016 YOGKSHEM COOPERATIVE HOUSING SOCIETY LTD THROUGH ITS SECRETARY BALASAHEB SHRIRANGRAO SAMALE THE MUNICIPAL COMMISSIONER, PARBHANI Advocate for Petitioner : Mr A A Nimbalkar Learned counsel for the petitioner submits that though there is delay of two years and eight months, the trial court has set aside 'No WS order' passed against respondent/original defendant and accepted the written statement without imposing any cost.

3.

In view of this, issue notice to the Respondent sole, returnable on 17.2.2016.

920 WRIT PETITION NO. 1235 OF 2016 VANDANA VIVEK NAIKAWADI ADDL. COMMISSIONER, AURANGABAD DIVISION, AURANGABAD, AND OTHERS.

Advocate for Petitioners : Mr S B Choudhari AGP for Respondents: Mr P N Kutti Issue notice to the Respondents, returnable on 2.3.2016. Learned AGP waives notice for respondents no. 1 to 3.

921 WRIT PETITION NO. 1236 OF 2016 MEERA VIJAY MUKHEDKAR THROUGH GPA VIJAY GANESHRAO MUKHEDKAR LAXMINARAYAN VENKOBASA DAMAM AND OTHERS Advocate for Petitioner : Mr A A Mukhedkar h/f A A Kokad Learned counsel for the petitioner submits that, except respondent no.3, other respondents are the formal parties. 3.

In view of this, at present, issue notice before admission to the Respondent No.3, only, returnable on 24.2.2016.

922 WRIT PETITION NO. 1237 OF 2016 KUSUMBAI RAJENDRA MHASKE HARISHCHANDRA VITTHALRAO MHASKE AND OTHERS Adv.for Pet: Smt Vinaya Muley Dharurkar h/f.Mr. C.V. Dharurkar Issue notice to the Respondents, returnable on 2.3.2016.

..

923 WRIT PETITION NO. 1338 OF 2016 PATEL KATRUWAR AND COMPANY PARBHANI THROUGH THE PARTNER RAMCHANDRA TRIMBAKRAO KATRUWAR THE COLLECTOR PARBHANI AND OTHERS Advocate for Pet.:Mr P.V.Mandlik Senior Counsel i/b. P P Mandlik AGP for Respondents: Mr N B Patil The learned AGP placed on record the communication issued by the Collector, Parbhani dated 3.2.2016. Said communication dated 3.2.2016 taken on record and marked as 'X' for identification. By this communication, it is informed to the learned AGP that, the Collector, Parbhani is willing to withdraw the order impugned in this Writ Petition, and, willing to give an opportunity of being heard to the petitioner.

In view of this communication and the statement made by the learned AGP on this communication, Writ Petition is disposed of as the order stands withdrawn. No costs.

926 WRIT PETITION NO. 7305 OF 2014 LAXMI ANJAYYA ADLAKONDA THE ADDITIONAL COLLECTOR, AURANGABAD Advocate for Petitioner : Mr S S Thombre AGP for Respondents 1,2 : Mr B A Shinde Advocate for Respondent 3 : Adv Milind M Joshi At the request of the learned counsel for the petitioner, stand over to 10.2.2016 as a last chance, in same category. 3.

Interim relief, granted earlier, to continue, till then.

931 WRIT PETITION NO. 9005 OF 2014 SACHIN SHRIDHARRAO DESHMUKH AND OTHERS CHABUTARA ISHWARSING GAIKWAD AND OTHERS Advocate for Petitioners : Advocate h/f Mr S R Choukidar Advocate for Respondents : Mr S B Madde for R/1 To 4, Mr G G Suryawanshi For R/5 At the request of the learned counsel for petitioner, stand over to 17.2.2016 Interim relief, granted earlier, to continue, till then.

933 WRIT PETITION NO. 9512 OF 2014 SHOBHA PANDITRAO SALVE, L.RS. PRASHANT PANDITRAO SALVE AND OTHERS DHANRAJ PANDITRAO SALVE AND ANOTHER Advocate for Petitioners : Mr Kulkarni Mukul S. Advocate for Respondents : Mr N B Suryawanshi Though respondent no.2 is duly served, none appears for her.

Issue notice of final disposal to respondent no.2, returnable on 24.2.2016.

934 WRIT PETITION NO. 10156 OF 2014 SHAIKH AFSAR SHAIKH YASIN STATE ELECTION COMMISSION, MAHARASHTRA STATE, MUMBAI AND OTHERS Advocate for Petitioner : Mr N K Tungar AGP for Respondent State: Mr N B Patil Advocate for Respondents : Mr S T Shelke for R/1, Mr. R.S. Sarvadnya For R/10 Learned counsel for the petitioner submits that, due to subsequent event, cause for filing present writ petition has rendered infructuous.

In view of this, writ petition is disposed of as infructuous. No costs.

935 WRIT PETITION NO. 794 OF 2015 SHRIDHAR YASHAWANT DHUMAL AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS Advocate for Petitioners : Mr V B Anjanwatikar AGP for Respondent 1: Mr B A Shinde Advocate for Respondents 2,3 : Adv R D Biradar Learned counsel for the petitioner submits that, one of the petitioner is died during the pendency of this writ petition and L.Rs. are required to be brought on record. Stand over to 24.2.2016.

3.

Interim relief, granted earlier, to continue, till then.

937 WRIT PETITION NO. 3575 OF 2015 SHAIKH CHANDSAB IBRAHIM DEPUTY DIRECTOR OF LAND RECORD, NASIK AND OTHERS Advocate for Petitioners : Mr N S Jaju AGP for Respondents: Mr B A Shinde Advocate for Respondents 4-9 : Mrs M S Jagtap Learned counsel appearing for respondents no.4 to 9 submits that, during the pendency of this writ petition, respondent no.4 - Shaikh Yusuf Ibrahim, died. Petitioner to take steps.

Stand over to 17.2.2016.

942 WRIT PETITION NO. 8526 OF 2015 WITH CA/15076/2015 IN WP/8526/2015 DEEPAK ISWARDAS BADSHA RANCHODDAS MURLIDAS BADSHA THROUGH LEGAL REPRESENTATIVES JANUMATI RANCHODDAS BADS Advocate for Petitioner : Mr D S Kulkarni Advocate for Respondents : Mr D K Kulkarni R/1(d) Mr D K Kulkarni For R/ 1a To 1f, Mr S.B Sant For R/8 Writ Petition is dismissed.

At this stage, learned counsel for petitioner submits that, the order passed by this Court may be stayed for certain period. Request stands refused.

943 WRIT PETITION NO. 8979 OF 2015 HAMIDKHAN SARWARKHAN PATEL OSMANKHAN SARWARKHAN PATEL AND OTHERS Advocate for Petitioner : Mr B R Kedar Advocate for Respondents : Mr S S Choudhary Heard both sides.

Learned counsel for the petitioner submits that, the Trial Court is reluctant to grant adjournment in the matter. 3.

In view of this, the further proceeding in RCS No.40/2006 are hereby stayed till the next date of hearing. 4.

Stand over to 17.2.2016.

945 WRIT PETITION NO. 9553 OF 2015 SHIVAJI LAXMANRAO DESHMUKH AND ANOTHERS BHANUDAS MADHAVRAO DESHMUKH AND ANOTHERS Advocate for Petitioners : Mr S P Brahme Advocate for Respondent 1 : Mr G V Mohekar AGP for Respondent no.2 : Mr. G O Wattamwar Learned counsel for respondent no.1 seeks time for filing reply.

Stand over to 17.2.2016.

949 WRIT PETITION NO. 2937 OF 2015 WITH CA/900/2016 IN WP/2937/2015 QURESHI LATIF HAMID QURESHI HAMID HASAN THE ADDITIONAL DIVISIONAL COMMISSIONER, AURANGABAD AND OTHERS Advocate for Petitioner : Mr S S Thombre AGP for Respondents: Mr B A Shinde Advocate for Respondents : Adv Shete S S, Mr. S.R.Dheple, Mr S T Shelke for R/5, Mr. S.B. Solanke for R/3 At the request of the learned counsel for the petitioner, stand over to 5.2.2016.

Interim relief, granted earlier, to continue, till then.

950 WRIT PETITION NO. 3211 OF 2015 PRADEEP MOTILAL KULTHE AND ANOTHER MANISH SHESHMAL BHANDARI Advocate for Petitioners : Mr N B Narwade ..

Issue notice to the Respondent, returnable on 24.2.2016.

1 CRIMINAL REVISION APPLICATION NO. 141 OF 2015 SANJAY S/O BHUJANGRAO DHULE SANGITA W/O SANJAY DHULE AND OTHERS Advocate for Applicant : Mr S K Chavan APP for Respondents: Mr G O Wattamwar ...

Issue notice to the Respondents, returnable on 24.2.2016. Learned APP waives notice for respondent no.3 - State.

2 CRIMINAL REVISION APPLICATION NO. 171 OF 2015 VAISHALI W/O DIGAMBAR SHINDE THE STATE OF MAHARASHTRA Advocate for Applicant : Mr A P Bhandari APP for Respondents: Mr N B Patil ...

The learned counsel for the applicant, on instructions, seeks leave to withdraw this Criminal Revision Application. Leave granted.

3.

Criminal Revision application is disposed of as withdrawn.

3 CRIMINAL REVISION APPLICATION NO. 214 OF 2015 SHESHRAO S/O RANBA NILE THE STATE OF MAHARASHTRA & ANR Advocate for Applicant : Mr D K Kulkarni APP for Respondents: Mr P N Kutti Issue notice to the Respondents, returnable on 24.2.2016. Learned APP waives notice for Respondent no.1 - State.

4 CRIMINAL APPLICATION NO. 417 OF 2016 IN REVNST/20/2016 MURLIDHAR S/O DATTARAM CHAVAN KAVITA W/O MURLIDHAR CHAVAN AND ANR Advocate for Applicant : Mr V P Raje h/f Mr. R B Ade ..

Issue notice to the Respondents, returnable on 24.2.2016.

5 WRIT PETITION NO. 5631 OF 2015 KHAN RAFIQ AHEMAD ISAQ KHAN SHAKIL KHANAM JAKER AHEMAD AND OTHERS Advocate for Petitioner : Mr A R Tapse h/f P D Suryawanshi Issue notice to the Respondents, returnable on 2.3.2016.

46 WRIT PETITION NO. 10746 OF 2015 BALAJI ABAJI PUYED AND ANOTHER GANGADHAR MAHADU PUYED AND OTHERS Advocate for Petitioners : Mr Shaikh R R ...

The learned counsel for the petitioners, on instructions, submits that, the cause for filing the present writ petition has been rendered infructuous due to subsequent developments.

In view of this, writ petition is disposed of as infructuous. No costs.

CRIMINAL APPLN NO 5066/2015 IN APPLN/2066/2015 PRAKASH SAHEBRAO MAIRAL & OTHERS VIMALBAI PRAKASH MAIRAL & ANOTHER Advocate for Applicant : Mr R J Nirmal Advocate for Respondents : Mr S S Naik ...

In view of disposal of Criminal Application No.2066 /2015 itself, nothing survives for consideration in this application. Criminal Application No.5066 of 2015, as such, stands disposed of.