Avinash Dattatraya Deshpande And Others v. 3rd Joint Civil Judge Junior Division Nagpur Thr. Registrar Nagpur

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2649 OF 2016 (Avinash Dattatraya Deshpande & others Vs. 3rd Jt. Civil Judge, Jr. Dn., Nagpur) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Alok Daga, Advocate for the petitioners. CORAM : S. B. SHUKRE, J.

DATED : 05 MAY, 2016 Heard learned Counsel for the petitioner.

The respondent being a Judicial Officer, whose judicial order has been challenged, cannot be made party to this petition. Therefore, no notice is being issued to the respondent. Even otherwise, this petition can be disposed of by directing the respondent to reconsider the matter afresh after giving opportunity of hearing to the petitioners, which opportunity was not given while passing the order impugned in this petition. Impugned order is quashed and set aside.

The matter is remanded back to the trial Court for its consideration afresh.

Sufficient opportunity of hearing be granted to the petitioners.

Writ petition is disposed of accordingly.

JUDGE wwl