Shivaji Shankar Jadhav And ANR v. Laxman Gajanan Godbole Through His Power Of Attorney N. D. Pawar
RNG 1/2 wp1806.8370.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE CIVIL JURISDICTION WRIT PETITION NO.1806 OF 2018
1. Shivaji Shankar Jadhav & anr
...Petitioners
vs Laxman Gajanan Godbole
...Respondent
Mr.Ashutosh Kulkarni with Mr.Vaibhav Gaikwad I.b Mr M.S.Athalye for Petitioners in both matters Mr.A.V.Anturkar Sr.Advocate I.b Mr.S.M.Phatak for Respondent in WP/1806/2018 Mr.Amol Ghatane for Respondent in WP/8370/2018 CORAM : G.S.KULKARNI, J (in Chamber) DATED : 2nd AUGUST, 2018 P.C. :
1.
This petition is circulated on a praecipe dated 1.8.2018 moved on behalf of the learned advocate for the petitioners and pursuant to the liberty granted by the learned Single Judge (Hon'ble Mrs Justice Mridula R.Bhatkar) by an order dated 1.8.2018 passed in Writ Petition No.8370 of 2018. The application is for a clarification of the following contents of order dated 12.2.2018 passed by me in Writ Petition No.1806 of 2018: "2.........................
"The status quo order passed earlier stands vacated in view of withdrawal of the petition."
The clarification sought is as to which is the statusquo as vacated by the said order.
2.
It needs to be noted that writ petition no.1806 of 2018 was earlier moved before the Court on 9.2.2018 for urgent ad interim reliefs, I
RNG 2/2 wp1806.8370.doc had directed parties to maintain status quo in terms of the following order : "1. Not on board. Taken on board on a praecipe as moved on behalf of the petitioners.
2.
List this petition for admission on 12th February 2018, high on board.
3.
In the meantime, parties are directed to maintain status quo."
(Emphasis added) 3.
It is thus clear that when the Court passed the order on 12.2.2018 permitting the petitioners to withdraw the petition, the status quo which was granted by the Court in the earlier order dated 9.2.2018 was vacated. There cannot be any other meaning which can be attributed to that portion of the order dated 12.2.2018. 4.
With the above clarification, precipae is disposed of. (G.S.KULKARNI, J}