Rampyari Ramlal Pardeshi And Others v. Gulam Ahmed Chirag Mohiuddin And Others

ca15264.19 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 956 CIVIL APPLICATION NO.15264 OF 2019 IN WP/5261/2007 RAMPYARI RAMLAL PARDESHI AND OTHERS

VERSUS

GULAM AHMED CHIRAG MOHIUDDIN AND OTHERS .....

Advocate for Applicants : Mr. Shete Shankar G. and Mr. G.S. Shete Advocate for respondent No.1: Mr. S.G. Chapalgaonkar AGP for Respondent No.2: Mr. A. M. Phule .....

CORAM : V. K. JADHAV, J.

DATED : 10th JANUARY, 2020 PER COURT:- 1.

Heard both sides.

2.

I do not find any substance in this civil application. It appears that the writ petition No. 5261 of 2007 has been preferred against the order passed by the Hon'ble Minister dated 05.06.2007 to the extent of clause 2 of the operative part of the order. It further appears that so far as clause 2 of the operative part of the order passed by the Minister is concerned, it speaks about delivery of possession of the suit property to appellant Nos. 1 and 2 before the Minister. It thus appears that writ petition No. 5261 of 2007 is between two brothers and the writ petition has been filed only to the extent of clause 2 of the operative part of the order passed by the Minister. Learned counsel appearing for the applicants seeking addition as respondents in the writ petition as parties admitted that the applicants in the civil

ca15264.19 -2application have already filed writ petition No. 324 of 2020 and the same is pending before the Court. In view of this, I do not think that this civil application seeking addition of the present applicants as respondents in the writ petition which has been filed only to seek redressal of grievance in respect of the brothers interse is required to be entertained. Hence, I proceed to pass the following order:-

O R D E R

The civil application is hereby rejected. However, the applicants are at liberty to move the office to tag both the writ petitions for hearing together.

( V. K. JADHAV, J.) rlj/