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Bombay High CourtWP/13771/2017disposed offdismissed for default

Satish Atmaram Deore v. Sudhakar Narayan Deore And Others

2018-12-18Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13771 OF 2017 WITH CIVIL APPLICATION NO.14866 OF 2017 IN WP/13771/2017 SATISH ATMARAM DEORE

VERSUS

SUDHAKAR NARAYAN DEORE AND OTHERS ...

Advocate for the Petitioner : Shri Deshmukh Sachin S. Advocate for the Intervenor : Shri P.S.Shendurnikar. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 18th December, 2018 Per Court:

The learned Advocate for the Petitioner submits, on instructions, that after the interlocutory order was challenged in this petition, the change report enquiry has been concluded and the Assistant Charity Commissioner has passed the final order in the matter. A revision is already preferred and the same is pending before the competent authority. Though this matter would be rendered infructuous, it may so happen that the competent authority may consider that the disposal of this petition would be an impediment for raising the contentions in the said pending proceedings.

In view of the above, this Writ Petition is disposed of as being

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Needless to state, since the comprehensive challenge has been posed by the Petitioner before the appropriate authority, all contentions of the litigating sides are kept open and the disposal of this petition shall not operate as an impediment or res-judicata against the Petitioner. The pending Civil Application would not survive and therefore, stands disposed of.

kps (RAVINDRA V. GHUGE, J.)