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Bombay High CourtWP/13137/2021disposed off

Vimalbai Raghunath Pardeshi v. Devkabai Alias Nirmala Madhukar Dighe And Others

2025-03-07Hon'Ble Shri Justice Kishore C. Sant2 pages

Ethape ( 1 ) 58-WP-13137-2021 modified This order is corrected pursuant to speaking to minutes order dt.27.03.2025.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 58 WRIT PETITION NO. 13137 OF 2021 Vimalbai Raghunath Pardeshi

VERSUS

Devkabai Alias Nirmala Madhukar Dighe And Others ...

Mr. Mukul S. Kulkarni, Advocate for the Petitioner. Mr. P. P. Dawalkar, AGP for Respondent - State. Mr. V. B. Patil Advocate for Respondent No.1 and 2. CORAM : KISHORE C. SANT, J.

DATE : 7th MARCH 2025 PC :- 1.

Heard both the parties.

2.

Petition is mainly on the ground that the learned Hon'ble Minister gave hearing to the parties on 29th April 2015 and 17th June 2015 and the judgment is delivered on 18th June 2019 i.e. exactly after four years on the date of hearing. The second ground is that the said order is made subject to outcome of the civil suit. It is pointed out that, by that date the Regular Civil Suit pending between the parties itself came to be dismissed by order dated 27th March 2017. There is no dispute about this

Ethape ( 2 ) 58-WP-13137-2021 modified This order is corrected pursuant to speaking to minutes order dt.27.03.2025. position. The learned Advocate for the Respondent, however, submits that against an order of dismissal, now the appeal is filed and the same is pending.

3.

Considering above, petition can be conveniently disposed off with following order.

4.

The impugned order dated 18th June 2019 passed by the learned Minister is quashed and set aside.

5.

Writ Petition stands disposed off.

6.

Needless to say that, rights of the parties are subject to outcome of the Appeal bearing RCA No.57 of 2017 pending in the Court of learned District Judge, Dhule.

[KISHORE C. SANT, J.]