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Bombay High CourtSA/249/2022disposed off

Smt. Shashikala Dattu Gurav v. Satara City Municipal Council Satara Thr. Its Chief Officer Satara- 415001

2022-03-28Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 47 sa 249-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.249 of 2022 WITH INTERIM APPLICATION NO. 1849 OF 2022 IN SECOND APPEAL NO. 249 OF 2022 Smt.Shashikala Dattu Gurav ..

Appellant

Versus

Satara City Municipal Council Satara, thru its Chief Officer Satara.

..

Respondent ...

Mr.Akshay Dunde wit Padmashiba Tadke i/b Expert Jurist LLP for the appellant.

Mr.S.V. Wakankar with P.B. Gujar for the respondent. CORAM: BHARATI DANGRE, J.

DATED : 28th MARCH, 2022 P.C:- Learned counsel for the Satara Municipal Council i.e. the respondent has a preliminary objection about the maintainability of the Second Appeal and I find substance in the said objection.

The present Second Appeal is filed, being aggrieved by an order passed by the District Judge, Satara in Misc.Civil Appeal No.93 of 2020, thereby setting aside the order passed Tilak

2/2 47 sa 249-22.doc below Exhibit-5 in RCS No.547 of 2019 before the 4th Joint Civil Judge, Jr. Division, Sangli, the Appeal came to be allowed. As against the order passed in Misc.Civil Appeal being pertaining to District Satara, the remedy is to file a Writ Petition and the Second Appeal cannot be maintained since the Misc.Civil Appeal was filed under Order 43 Rule 1 of the CPC. Confronted with the said objection, the counsel for the appellant state that he may be permitted to withdraw the Second Appeal so as to institute the Writ Petition. He, however stated that the learned District Judge, Satara, himself had continued the order of the trial Court for a period of two months and the said protection shall be further extended. I am inclined to continue the said protection on his request, but that shall remain in force only for a further period of 10 days from today. If within this period, no Writ Petition is filed or appropriate orders are not obtained from the competent Court, the protection shall cease to operate on expiry of period of 10 days from today.

( SMT. BHARATI DANGRE, J.) Tilak