Bombay High CourtCA/12059/2019disposed offdismissed for default

Ganesh Ratanlalji Mehata v. Mahesh Bhikupant Vaidya And Others

2019-10-09Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12059 OF 2019 IN WP/12235/2019 WITH WRIT PETITION NO.12235 OF 2019 GANESH RATANLALJI MEHATA

VERSUS

MAHESH BHIKUPANT VAIDYA AND OTHERS ...

Advocate for the Petitioner/ Applicant : Shri S.K.Kadam h/f Shri Kadam Vikram S.

Advocate for Respondents 1 to 3 : Shri V.S.Bedre h/f Smt.A.M.Kulkarni AGP for Respondent 4 : Shri S.R.Yadav ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 09th October, 2019 Per Court:

This matter is at a pre-notice stage.

Leave to place the synopsis on record is granted. Leave to carryout the amendment in the writ petition is granted. Considering the above, Civil Application No.12235/2019 is allowed and necessary amendment in the writ petition is permitted to be carried out on or before 18.10.2019.

Insofar as the writ petition is concerned, issue notice to the respondents returnable on 13.11.2019. The learned advocate waives service for respondent no.2. The learned AGP waives service for

*2* 914ca12059o19 respondent no.4.

Since respondent nos.1 to 3 are the real brothers and are together insofar as the issue involved in this writ petition is concerned, the learned advocate for the caveator/respondent no.2, upon taking instructions, waives service for respondent nos.1 and 3. Until further orders, the mutation entries freshly carried out pursuant to the impugned order of the Honourable Minister dated 26.08.2019, shall be maintained as they are and no party shall create third party interest or encumbrances on the suit property, inasmuch as, neither of the parties shall disturb each other's possession as it stands today. kps (RAVINDRA V. GHUGE, J.)