Manoj S/O. Mohanlal Bilala v. Arvind S/O. Laxman Mulay And Others

1 2704caw884.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO.884 OF 2016 IN W.P.NO.4744/15 Manoj s/o Mohanlal Bilala ..vs.. Arvind Laxman Mule and ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.R.L.Khapre, Advocate for the petitioner.

Mr.S.V.Sohoni, Advocate for the respondent nos.20. Mr.C.A.Lokhande, AGP for respondent nos.18 and 19. CORAM : B.P.DHARMADHIKARI AND P.N.DESHMUKH, JJ.

DATED : APRIL 27, 2016.

By this application petitioner seeks leave to serve respondent no.12 by Hamdast. The application is supported by affidavit and though it is being opposed by Advocate Shri Sohoni appearing for respondent no.20, Advocate Shri Parchure appearing for proposed intervenors and learned AGP, we allow it. Service by obtaining Hamdast be completed by 15th of June, 2016.

Advocate Shri Khapre informs that he has filed Civil Application seeking leave to correct address of respondent nos.9 and 10. Similarly, another application has been filed for serving respondent nos.1, 8 and 11 through paper publication. He points out that the prayer is to permit publication in "Dainik Matrubhumi" which is published at Akola.

Advocate Shri Sohoni and Advocate Shri

2 2704caw884.16.odt Parchure is opposing this application also.

We find that efforts of respondent - Municipal Corporation is to urge that respondents nos.1 to 17, whose lands are acquired, lost the battle up to Hon'ble Apex Court and thereafter has put forth petitioner to avoid the proceedings. Advocate Parchure also attempts to demonstrate this.

Learned AGP appearing for respondent nos.18 and 19 is seeking time to file reply.

In this situation, we allow these applications and make notice issued to respondent nos.1,8,9,10 and 11, returnable on 15th of June, 2016.

CIVIL APPLICATIN (CAW) NO.977 OF 2016.

Applicants through Advocate Parchure attempt to demonstrate that they are placed in possession of shops constructed on subject land. Hence, without prejudice to rights of petitioner and respondents to demonstrate otherwise, we allow the application. The applicants are added as respondent nos.21 and 22.

Advocate Shri Parchure waives notice for added respondents.

Respondents nos.18, 19, 21 and 22 are free to file their replies, if any, in the meanwhile. JUDGE JUDGE Chute.