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Bombay High CourtWP/3671/2017dispossed offdismiss for default

Nishad S/O Prakash Pande v. The State Of Maharashtra, Thr. Secretary, Department Of Co-Operation, Mantralaya, Mumbai And Others

2018-03-21Hon'Ble Shri Justice A.S. Chandurkar1 pages

915-WP-3671-17 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.3671 OF 2017 Nishad s/o Prakash Pande -vsThe State of Maharashtra and ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri M. V. Bute, Advocate for petitioner.

Ms Sangita Gaikee, AGP for respondent Nos.1 & 5. Shri A. Bandre, Advocate for respondent Nos.3 and 4. CORAM : A.S.CHANDURKAR, J.

DATE : March 21, 2018 Shri M. V. Bute, learned counsel for the petitioner on instructions submits that the petitioner intends to file a suit for partition and separate possession of the properties owned by the family.

The order passed by the respondent No.2 seeking to recover the amount adjudicated in proceedings under Maharashtra Co-operative Societies Act, 1960 is under challenge. The petitioner is not a party to those proceedings. This order is passed against the respondent No.6.

In view of aforesaid the writ petition is disposed by accepting the statement made on behalf of the petitioner that the civil remedy will be availed of.

Needless to state the interim relief granted earlier shall stand vacated.

JUDGE Asmita