The Administrator, Cidco Aurangabad v. Anwar Khan Rahim Khan And Another

934-wp13939-2017 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 WRIT PETITION NO. 13939 OF 2017 THE ADMINISTRATOR, CIDCO AURANGABAD

VERSUS

ANWAR KHAN RAHIM KHAN AND ANOTHER .....

Advocate for Petitioner : Mr. A. R. Vaidya h/f Mr. A. S. Bajaj Advocate for Respondents : Mr. P. S. Paranjape & Mr. A. B. Kharosekar .....

CORAM : V. K. JADHAV, J.

DATED : 27th MARCH, 2018 PER COURT:- 1.

By consent this writ petition can be disposed of by directing the first appellate court to consider the application Exh.17 at the time of final hearing of the appeal and pass an appropriate order on Exh.17 considering the submissions of both the parties.

2.

In consequence of above, the order passed below Exh.17 is hereby quashed and set aside. The application Exh.17 is restored to its original stage. The first appellate court is hereby directed to consider application Exh.17 at the time of final hearing of the appeal bearing Regular Civil Appeal No.211

934-wp13939-2017 -2of 2013 and pass an appropriate order on Exh.17. Writ petition is disposed of accordingly.

3.

The parties are at liberty to file an application for expeditious hearing of the pending appeal.

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