Bombay High CourtCAO/1240/2011dispossed offdismiss for default

Bharat S/O Maganbhai Kheta And ORS v. Nagpur Improvement Trust Thr. Its C.E.O. And ORS

2015-01-28Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice A.S. Chandurkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR

BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO.4 OF 2015 WITH CIVIL APPLICATION (CAO) NO.5 OF 2015 WITH CIVIL APPLICATION (CAO) NO.6 OF 2015 WITH CIVIL APPLICATION (CAO) NO.7 OF 2015 WITH CIVIL APPLICATION (CAO) NO.8 OF 2015 WITH CIVIL APPLICATION (CAO) NO.9 OF 2015 WITH CIVIL APPLICATION (CAO) NO.10 OF 2015 WITH CIVIL APPLICATION (CAO) NO.49 OF 2015 WITH CIVIL APPLICATION (CAO) NO.50 OF 2015 WITH CIVIL APPLICATION (CAO) NO.51 OF 2015 WITH CIVIL APPLICATION (CAO) NO.52 OF 2015 WITH CIVIL APPLICATION (CAO) NO.53 OF 2015 WITH CIVIL APPLICATION (CAO) NO.54 OF 2015 WITH CIVIL APPLICATION (CAO) NO.55 OF 2015 WITH CIVIL APPLICATION (CAO) NO.56 OF 2015 WITH CIVIL APPLICATION (CAO) NO.57 OF 2015 WITH CIVIL APPLICATION (CAO) NO.58 OF 2015 WITH CIVIL APPLICATION (CAO) NO.59 OF 2015 WITH CIVIL APPLICATION (CAO) NO.60 OF 2015 WITH CIVIL APPLICATION (CAO) NO.1240 OF 2011 IN .....2/-

MCA NO.232 OF 1997 IN WRIT PETITION NO.476 OF 1983 Bharat Kheta and ors ..vs..

NIT, Nagpur and ors .......................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ........................................................................................................................................... Shri Anand Parchue, counsel for the applicants. Shri S.K. Mishra, counsel for R-1/NIT.

Shri C.N. Adgokar, AGP for R-3.

Shri R.L. Khapre, counsel for the applicants (CAO No. 1240/11).

Shri N.B. Kirtane, counsel for the applicants/intervenors.

CORAM

: B.P. DHARMADHIKARI & A.S. CHANDURKAR, JJ.

DATE : JANUARY 28, 2015.

Heard.

These applications have been moved praying that the applicants therein be permitted to intervene in the present proceedings.

In the applications it has been stated that the applicants have independent right, title and interest in the subject matter of land that is involved in the writ petition.

The applications are opposed by Shri R.L.

Khapre, learned counsel for the petitioners as well as Shri S.K. Mishra, learned counsel for Nagpur Improvement Trust.

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It is stated that the title of aforesaid property is with the petitioners while it is the stand of respondent No.1 that it is in possession of the aforesaid property. At this stage, without going into the rival claims, the applications for intervention are allowed.

The applicants are at liberty to participate in the proceedings.

It is made clear that the rival claims as regards right title and interest to the property in question have been expressly kept open.

It is also clarified that the contention raised by the petitioners that the applicants have no locus to file the present applications, is also kept open.

The civil applications are allowed in aforesaid terms and disposed of.

JUDGE JUDGE !! BRW !!

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