Review petition to modify a prior order directing the MRT to decide proceedings pending before the Divisional Commissioner within six months following the MRT's revival.
Modification of order to direct M.R.T. to decide pending proceedings within six months.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
REVIEW PETITION NO.1 OF 2008
IN
LETTER PATENTS APPEAL NO.39 OF 2004
IN
WRIT PETITION NO.37 OF 2004
Jayant Bhagwan Deshpande .. Applicants
Vs.
Vishnu Appa Bailbhinde & Ors. .. Respondents
Mr.Ajay A. Joshi for the applicants
Mr.M.A.Patil for the respondents
CORAM : J.N.PATEL &
A.A.SAYED, JJ.
DATED : 15TH FEBRUARY, 2008
(IN CHAMBER AT 2.45 P.M.)
P.C.:
1. Our notice has been brought to the fact
that though this court disposed of the L.P.A. by
its order dated 30.10.2007 with a direction to the
Divisional Commissioner to decide the proceedings
pending before him within the stipulated period, in
view of the revival of the M.R.T., the court may
modify the order and direct the MRT to decide the
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matter within the stipulated period.
2. Taking into consideration the change in the
appellate forum by virtue of revival of M.R.T., we
modify our order and direct the M.R.T. to decide
the proceedings pending between the parties by
calling it from the file of the Divisional
Commissioner as expeditiously as possible
preferably within a period of 6 months. The
appellant to communicate the order to the M.R.T.
bench having jurisdiction in the matter as soon as
it becomes functional. Interim order shall
continue to operate till then. Parties are at
liberty to move this bench, if any contingency
arises for seeking further directions. Application
stands disposed of accordingly.
( J.N. PATEL, J )
( A.A. SAYED, J )
Jayant Bhagwan Deshpande
Vishnu Appa Bailbhinde & Ors.
J.N.PATEL
A.A.SAYED
As recorded by the court registry
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