Bombay High CourtWP/5566/2017disposedoff

Gurudatta Cooperative Housing Soc. Ltd., Nagpur Thr. Secretary, Shri Rajesh Ramchandra Darokar v. Gangaram S/O Janglu Sontakke And Others

2019-06-12Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp5250.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.5250/2017 Gurudatta Cooperative Housing Society Ltd., Nagpur ..Vs..

Shankar Ramkrushna Sathawane and others WRIT PETITION NO.5566/2017 Gurudatta Cooperative Housing Society Ltd., Nagpur ..Vs..

Gangaram S/o Janglu Sontakke 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 M.K. Kulkarni, Advocate for the petitioner. Shri V.P. Dable, Advocate for respondent No.1. Shri N.A. Gaikwad, Advocate for respondent No.2. Shri D.M. Gabhane, Advocate for respondent No.3. Shri N.R. Patil, A.G.P. for State.

CORAM : Z.A. HAQ, J.

DATED : 12.6.2019.

The petitioner has challenged the orders passed by the learned District Judge on reference under Section 30 of the Land Acquisition Act, 1894. Learned A.G.P. and learned Advocates for the respondent No.3 have raised objection to the maintainability of the petitions on the ground that the impugned orders are appealable under Section 96 of the Code of Civil Procedure as held by this Court in the judgment given in the case of Abhay Laddulal Shah V/s. Udaykumar Radhakisan Dubey and others reported in 2015 (3) Mh.L.J.660. In view of the objection raised on behalf of the respondents, learned Advocate for the petitioner

2 wp5250.17 seeks permission to withdraw the writ petitions with liberty to file appeals. Writ petitions are disposed as withdrawn with liberty as prayed for. No costs. JUDGE Tambaskar.