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Bombay High CourtWP/13995/2019disposed offdismissed for default

Prakash Bhaskarrao Kulkarni v. The State Of Maharashtra Through District Collector, Latur And Others

2019-11-20Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 933 WRIT PETITION NO.13995 OF 2019 PRAKASH BHASKARRAO KULKARNI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Shri Mane D.A. h/f Shri Patil Milind AGP for Respondents 1 & 2 : Shri Kulkarni P.M. ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: November 20, 2019 ...

PER COURT :- 1.

The petitioner / plaintiff has suffered rejection of RCS No. 179 of 2013, by judgment dated 1.1.2018. RCA No.21 of 2018 has been filed. Grievance is that the appellate Court has declined to grant interim relief to the plaintiff by the impugned order dated 28.1.2019. 2.

It appears that the petitioner is without any protection ever since the dismissal of his suit and there was no protection by way of temporary injunction, since April 2013.

3.

Considering the above, I do not find that the prayer for temporary injunction could be considered after the passage of about six years. Ends of justice would be met by expediting the hearing in the appeal.

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2- WRIT PETITION NO.13995 OF 2019 4.

This petition is, therefore, disposed off.

5.

The petitioner shall tender a private appeal paper book on/or before 31.12.2019 and the appellate Court would endeavour to decide RCA No.21 of 2018, on/or before 31.7.2020. ( RAVINDRA V. GHUGE, J. ) ...

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