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Bombay High CourtCAW/552/2015

Dattaram Govind Wadekar v. Sandip Rajaram Wadekar

2016-03-09Hon'Ble Shri Justice R.M. Savant.2 pages

wp­1007­15­(910)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1007 OF 2015 Dattaram G. Wadekar ..Petitioner Vs.

Sandip R. Wadekar ..Respondent WITH CIVIL APPLICATION NO.552 OF 2015 IN WRIT PETITION NO. 1007 OF 2015 Dattaram G. Wadekar ..Applicant Vs.

Sandip R. Wadekar ..Respondent Mr. A. G.Damle Senior Advocate i/b Mr. P. S. Shah for the Petitioner Mr. Sanskar Marathe for the Respondent CORAM :

R. M. SAVANT, J.

DATE :

9th MARCH, 2016 P.C.

The above Petition takes exception to the order dated 7­2­2014 by which order the Appeal filed by the Respondent herein came to be admitted and pending the same the Additional Collector has stayed the order dated 31­ 7­2012 passed by the Tahsildar. Since the above Petition is directed against the interim order passed in the Appeal, it is not necessary to interdict in the Writ Jurisdiction of this Court, the above Petition can be conveniently disposed of by directing the Additional Collector to hear and decide the said Appeal No.32 of 2014, latest by 15­6­2016.

mmj

wp­1007­15­(910) It is required to be noted that in the Suit filed by the Respondent there is an injunction operating in their favour restraining the Petitioner from interfering with their possession. After making observations as above the Writ Petition is disposed of.

In view of the disposal of the above Writ Petition, the Civil Application No.552 of 2015 does not survive and to stand disposed of as such. [R.M.SAVANT, J] mmj