Bombay High CourtCA/16330/2016rejected at admission stage

Bakram Rama Gavit v. Rajendra Magan Sonar

2016-12-19Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 1.nob.ca.16330.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.16330 OF 2016 IN WRIT PETITION NO.2029 OF 1996 BAKARAM RAMA GAVIT

VERSUS

RAJENDRA MAGAN SONAR ...

Advocate for Applicant : Shri Bolkar Yogesh B. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 19th December, 2016 Per Court:

Not on Board. Mentioned. Taken on the Production Board. This Court had dismissed Writ Petition No.2029/1996 by the judgment dated 21.04.2016. The request of the Applicant/ original Petitioner was entertained in paragraph 17 which reads as under:- "17.

At this juncture, learned Advocate for the Petitioner prays for staying this judgment for a period of 8 (eight) weeks. Learned Advocate for the respondent opposes the said request. Considering the fact that by the interim order dated 11.07.1991, the petitioner has been in possession of the lands at issue, this judgment shall not come into operation for a period of 4 (four) weeks from today subject to the condition that the petitioner or his representative or assignees shall not create any third party interest in the lands at issue."

*2* 1.nob.ca.16330.16 The Applicant submits that the period of four weeks granted on 21.04.2016 may be extended by a further period of four weeks. Even if this Civil Application is to be entertained, the period granted would come to an end by 15.06.2016 considering the earlier four weeks granted. This Civil Application is filed on 05.12.2016, which is almost six months after the earlier time period has expired.

In the light of the above, I do not find that the reasons stated in the application deserve to be considered. The Civil Application is, therefore, rejected.

kps (RAVINDRA V. GHUGE, J.)