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Bombay High CourtCA/16220/2015admittedallowedgrantedrule absolute

Sambhaji Somnathrao Pastapure Died Through Lrs Naresh Sambhaji Pastapure And Anothers v. Chief Officer Udgir Municipal Council Udgir

2016-01-29Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 16.ca.16220.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 16220 OF 2015 IN WP/3753/2007 SAMBHAJI SOMNATHRAO PASTAPURE DIED THROUGH LRS NARESHSAMBHAJI PASTAPURE AND ANOT

VERSUS

CHIEF OFFICER UDGIR MUNICIPAL COUNCIL UDGIR ...

Advocate for Applicants : Shri Chawre Anand.

Advocate for Respondents : Shri S.P.Shah.

...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 29th January, 2016 Per Court:

The Applicant prays, firstly that the interim order dated 28.07.2010 be vacated and secondly, Writ Petition No.3753/2007 be listed for final hearing.

Shri Shah, learned Advocate for the Non Applicant/ original Petitioner, opposes both the prayers.

I am not inclined to consider the first prayer of the Applicant in the light of the fact that the interim relief has been granted on 28.07.2010, which is practically more than five years ago. Nevertheless,

*2* 16.ca.16220.15 his second prayer can be accepted.

In the light of the above, this Civil Application is partly allowed to the extent of listing Writ Petition No.3753/2007 for final hearing on 18.02.2016.

kps (RAVINDRA V. GHUGE, J.)