Sunil Namdeorao Magre v. Shaikh Gulam Rasul Shaikh Chand And Another

1 of 2 940.CA.14386.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.14386 OF 2017 Sunil Namdeorao Magare Applicant versus Shaikh Gulab Rasul Shaikh Chand and another Respondents Mr.H.H.Padalkar for applicant.

CORAM : PRAKASH D. NAIK, J.

DATE :

30th November 2017 PC :

1.

In view of the order passed in Civil Application No.14385 of 2017, the Civil Revision Application No.35 of 2017 has been restored to file. This Court vide order dated 28th February 2017 passed in Civil Revision Application No.35 of 2017, granted ad-interim relief in terms of prayer clause (D) on condition that the applicant shall deposit Rs.50,000/- before Wakf Tribunal, Aurangabad within two weeks from today. Learned advocate for applicant submits that the condition of deposit could not be complied with on account of financial restraints. However, the applicant would deposit the said amount within two weeks from today. It is also submitted, on instructions, that the applicant is still in possession of the property which is subject matter of the proceedings.

2.

In view of the aforesaid statement, Civil Application No.14386 of 2017 is allowed in terms of prayer clause (B). The applicant shall

2 of 2 940.CA.14386.2017 deposit Rs.50,000/- on or before 14th December 2017. The applicant is also directed to supply the spare copies of Civil Revision Application No.35 of 2017 to the registry on or before 14th December 2017. If spare copies are supplied, issue notice to respondents returnable on 18th January 2018.

(PRAKASH D. NAIK, J.) MST