Bombay High CourtCAN/45/2017dispossed offdismiss for default

S.J.Dhanurkar And 20 Others v. Datta Prabhu Shikshan Sanstha Thr. Its Secty. And ORS

2017-07-18Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 can45.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLIATION (N) NO.45 OF 2017 AND CIVIL APPLICATION (N) NO.57 OF IN CONTEMPT PETITION NO.284 OF 2012 IN WRIT PETITION NO. 53 OF 1996(D) (Shri S.J. Dhanurkar and others ..vs.. Datta Prabhu Shikshan Sanstha, Pipla 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.P. Hedaoo, Advocate for the petitioners, Shri Nitin Khamborkar, Advocate for respondent Nos.1, 2, 6 to 8. CORAM : B.P. DHARMADHIKARI AND ROHIT B. DEO, JJ.

DATED : 18-07-2017 By Civil Application No.57/2017, respondent No.2 Rambhau Nathuji Udapurkar seeks leave to dispose of property, to pay dues of the petitioners. Advocate Shri Hedaoo appearing for the petitioners submits that as same is being conducted by taking petitioners into confidence and with their consent, he has no objection if the property is to be sold.

We direct the parties to file joint pursis pointing out methodology for undertaking such sale.

In view of this readiness and willingness, we grant Civil Application No.45/2017 and non-bailable warrant issued against respondent No.1 is recalled. However, if he absconds again in future, he would be lodged in Jail till completion of adjudication.

2 can45.17 List the matter after three weeks.

JUDGE JUDGE adgokar