Bombay High CourtCAW/2134/2014dispossed offdismiss for default

Gajanan Marotrao Tiple v. Assistant Registrar, Co-Operative Society, Wardha And Others

2016-01-20Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp2284.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2284 OF 2014 [Gajanan Marotrao Tiple .vs. Assistant Registrar, Co-operative Society, Tahsil-Karanja, District-Wardha and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : JANUARY 20, 2016.

Heard Shri N.S. Deshpande, Advocate for the petitioner, Shri K.R. Lule, Assistant Government Pleader for the respondent nos.1 and 6, Shri P.D. Meghe, Advocate for the respondent nos.2 and 3 and Shri M.P. Kariya, Advocate for the respondent no.5.

RULE.

It is undisputed that the petitioner is not in possession. According to the respondent no.5, he is in possession since 1997, whereas according to the petitioner, he lost possession during the pendency of this petition. In these facts, it is directed that the respondent no.5 shall not create any third party right or interest and shall not obtain loan by mortgaging the property without seeking prior permission of this Court, during the pendency of this petition.

Shri K.R. Lule, Assistant Government Pleader waives notice for the respondent nos.1 and 6.

Shri P.D. Meghe, Advocate waives notice for the respondent nos.2 and 3.

Shri M.P. Kariya, Advocate waives notice for the respondent no.5.

2 wp2284.14.odt CIVIL APPLICATION NO.2134/2014 In view of the interim order passed in the writ petition, the prayer made in this Civil Application does not survive.

Civil Application is disposed accordingly.

CIVIL APPLICATION NO.1372/2014 The filing of true translation of the documents mentioned in the Civil Application is dispensed with on the condition that the same shall be supplied by the petitioner as and when required by the court.

Civil Application is disposed accordingly.

JUDGE Gulande