Bombay High CourtWP/13464/2019disposed offdismissed for default

Bhausaheb Murlidhar Gondkar And Another v. The State Of Maharashtra And Others

2019-11-06Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Avinash G. Gharote1 pages

(1) 960-wp-13464-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 960 WRIT PETITION NO.13464 OF 2019 BHAUSAHEB MURLIDHAR GONDKAR AND ANOTHER ..PETITIONERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. Kiran M. Nagarkar, Advocate for the Petitioners.

Mr. S. B. Pulkundwar, AGP for Respondents-State. ...

CORAM : S. V. GANGAPURWALA & AVINASH G. GHAROTE, JJ.

DATED : 06th NOVEMBER, 2019.

PER COURT:- 1.

The petition is misconceived. The petitioners have already filed Civil Suit seeking injunction against the respondents. The temporary injunction is granted in favour of petitioners. The petitioners have also filed an application under Order 39 Rule 2A of Code of Civil Procedure. In such scenario, the present writ petition is not maintainable. The petitioners are at liberty to prosecute their remedy before the Civil Court. 2.

With the aforesaid observations, writ petition is dismissed with costs.

(AVINASH G. GHAROTE) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/November-19