Shipra Arvind Khorgade v. The Naib-Tahsildar, Saoner, Nagpur

18.wp.975.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.975 OF 2024 Shipra Arvind Khorgade .Vs. The Naib Tahsildar, Saoner, and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri R.D. Dhande, Advocate for petitioner.

Shri B.M. Lonare, A.G.P. for respondent No.1/State. CORAM : ANIL S. KILOR, J.

DATED : 12/02/2024 1.

Leave to amend the title clause and to add Smt. Pushpa Nilkanth Patil as a party respondent No.2 to the present writ petition.

2.

Amendment be carried out forthwith.

3.

Issue notice for final disposal to the respondents, returnable on 18.03.2024.

4.

The learned A.G.P. waives service for the respondent No.1.

5.

The petitioner is permitted to serve newly added respondent No.2 by private mode, in addition to regular mode of service and file an affidavit of service by next date, failing which the petitioner shall deposit costs of Rupees Five Hundred with High Court Legal Services SubCommittee, Nagpur.

18.wp.975.24.odt 6.

The office objections, if any, be removed before the returnable date.

7.

Shri Dhande, learned counsel for the petitioner points out that, the impugned order passed in pursuance to the decree passed by the Civil Court, which was passed at the instance of the respondent No.2 and the petitioner was not a party to the said suit. It is submitted that, therefore, the said decree is not binding on the petitioner. He, therefore, prays for grant of ad-interim stay to the impugned order.

8.

Considering the submission made by the learned counsel for the petitioner there shall be stay to the impugned order dated 28.11.2023 passed by the respondent No.1 till next date.

JUDGE C.L.Dhakate Signed by: Mr. C.L. Dhakate Designation: PA To Honourable Judge Date: 12/02/2024 17:32:55