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Bombay High CourtWP/82/2016disposed offdismissed for default

Nisar Fatema Hyder Ali Khan And Others v. Moinoddin Sk. Farid And Others

2016-01-19Hon'Ble Shri Justice V.K. Jadhav2 pages

WP 82.2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 82 OF 2016 NISAR FATEMA HYDER ALI KHAN AND OTHERS

VERSUS

MOINODDIN SK. FARID AND OTHERS ...

Advocate for Petitioners : Mr S R Choukidar Advocate for Respondents 1,3-5 : Mr H I Pathan ...

CORAM : V.K. JADHAV, J.

Dated: January 19, 2016 ...

PER COURT :- 1.

Leave to delete respondents no.2 and 6 at the risk of the petitioners.

2.

Learned counsel for the petitioner submits that, in Misc. R.J.E No.127/2015 and 128/2015 are ready for hearing before the District Court. Learned counsel for the petitioner has further pointed out that, the order passed by the learned Assistant Charity Commissioner was stayed by the Jt. Charity Commissioner on 23.7.2012 and said order remained in force till the disposal of the appeal no.16/2012. Said appeal came to be disposed of on 23.7.2015. Being aggrieved by the same, the petitioners preferred appeal as aforesaid before the District Court, Nanded. Learned counsel submits that, the learned District Judge-1, Nanded, may be directed to dispose of the said appeal within a time bound period and till that time, the parties may be directed to maintain status-quo.

WP 82.2016.odt 3.

Learned counsel for respondents submits that the Misc. R.J.E. No.127/2015 and 128/2015 are now posted for hearing on 25.1.2016 and there is no co-operation from the petitioners to dispose of the said matters.

4.

Learned counsel for the petitioners, at this stage, submits that, the petitioners would not seek any adjournment, if, the learned District Judge-1, Nanded is directed to dispose of the matter within a month.

5.

In view of this, it would be just and proper if the District Judge, Nanded is directed to dispose of Misc. R.J.E 127/2015 and 128/2015 within two months from today and till then the parties be directed to maintain status-quo as on today. Accordingly, the learned District Judge-1, Nanded, is directed to dispose of the Misc.R.J.E Nos. 127/2015 and 128/2015 within two months from today. Till then, the parties to maintain status-quo as on today. 6.

Writ Petition accordingly disposed of. No costs. ( V.K. JADHAV, J. ) ...

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