Bombay High CourtCAW/187/2015dispossed offdismiss for default

Anil S/O Brijmohan Tiwari v. The Estate Manager, Nagpur Housing And Area Development Board, Nagpur And 2 Others

2015-02-02Hon'Ble Shri Justice Z.A. Haq2 pages

0202caw187.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION W. NO.187/2015 IN WRIT PETITION NO.6277/2013 (D) Anil s/o Brijmohan Tiwari ...Versus...

The Estate Manager, Nagpur Housing and Area Development Board, Civil Lines, Nagpur and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Sharma, Advocate for applicant Shri H.N. Verma, Advocate for respondent nos.1 and 2 Shri A.A. Sambaray, Advocate for respondent no.3 CORAM : Z.A. HAQ, J.

DATE : 02.02.2015 Heard the learned Counsel for the parties.

The learned Counsel for the respective parties do not dispute that the corrections, as stated in the application, are required to be made in the judgment dated 16.7.2014 passed by this Court and hence, the following order.

(i) In paragraph no.10 of the judgment instead of "Section 65" it should be substituted by "Section 66". (ii) In paragraph no.11 of the judgment the last but one line should be read as follows :

"The rights of the parties will be considered by the Competent Authority in the proceedings under Section 66 of the MHADA Act", by deleting the existing sentence which reads as follows :

0202caw187.15.odt "The rights of the parties will not be considered by the Competent Authority in the proceedings under Section 66 of the MHADA Act."

The office is directed to carry out the amendments in the judgment accordingly.

The civil application is disposed of in the aforesaid terms.

JUDGE Wadkar