Bombay High CourtCAW/2628/2015dispossed offdismiss for default

Arun Keshavrao Kalamkhede And 6 Others v. Bhimrao Natthuji Kalamkhede

2017-01-30Hon'Ble Shri Justice Z.A. Haq2 pages

1 caw1950.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.W. NO.1950/2016 IN WRIT PETITION NO.4667/2014 Arun Keshavrao Kalamkhede and others ..Vs..

Bhimrao Natthuji Kalamkhede - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.A. Kadu, Adv. for petitioners.

Shri P.S. Sahare, Adv. for respondent.

CORAM : Z.A.HAQ, J.

DATED : 30.1.2017.

Considering the nature of proposed amendment and the order passed by this Court on 2nd September, 2016 and the fact that the respondent has filed an application before the Maharashtra Administrative Tribunal after the order passed by this Court on 2nd September, 2016, in my view, permission is required to be granted to the petitioner to incorporate the amendment proposed in the civil application. The civil application is allowed accordingly. No costs. C.A.W. NO.2628/2015 Though the respondent prays for early hearing on the ground that he is senior citizen, as the respondent has filed an application before the Maharashtra Administrative Tribunal as per the order passed by this

2 caw1950.16 Court on 2nd September, 2016 by which liberty was granted to him, in my view, it would not be appropriate to hear this writ petition unless the application filed by the respondent before the Maharashtra Administrative Tribunal is decided. Therefore, the civil application is dismissed, at this stage, with liberty to the respondent to renew his request after the disposal of his application by the Maharashtra Administrative Tribunal.

JUDGE Tambaskar.