Partly allowed

Motiram Sangappa Rawale v. the State of Mah and Ors.

Bombay HC22 Oct 2010CA/1414/2010

Case brief

AI extract

What is this about?

The High Court at Aurangabad, allowed Civil Application No. 1414 of 2010 by Motiram Rawale, permitting amendment for quashing of an order and restoration of Writ Petition No. 1406 of 2009. Notice to be served after fee payment.

What did the court decide?

Application allowed regarding amendment, quashing, and restoration. Applicant permitted to pay bhatta; notices to unserved respondents directed.

Motiram Sangappa Rawale Vs the State of Mah… — Civil Procedure and Limitation | Bombay HC (2010)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD

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CIVIL APPLICATION NO. 1414 OF 2010

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WRIT PETITION NO. 1406 OF 2009

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Motiram s/o Sangappa Rawale

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...Applicant

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VERSUS

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The State of Maharashtra and others

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...Respondents

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Shri G.R.Ingole Patil, advocate for the applicant Shri D.V.Tele, A.G.P. for respondent nos. 1 to 4 Respondent nos. 5 and 6 absent although served

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CORAM : S.B.DESHMUKH AND

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SHRIHARI P.DAVARE, JJ.

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DATED : 22nd October, 2010

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PER COURT :

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1 We have heard learned counsel for the respective parties.

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2 Leave to amend the present application granted at the request of learned counsel for the applicant. Amendment to be carried out forthwith.

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3 The applicant has preferred the present application with a request to quash and set aside the order dated 19.3.2009, passed in Writ Petition No. 1406 of 2009 to the extent of the applicant/petitioner and also for restoration of Writ Petition No. 1406 of 2009 and also prays that the applicant be permitted to pay the requisite Bhatta for the respondents.

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4 For the reasons stated in the application, we are inclined to allow the present application in the interest of justice.

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5 Accordingly, present application is allowed in terms of prayer clauses ‘B’, 'C' and 'E' thereof and the applicant is permitted to pay Bhatta till 29.10.2010 and after payment of Bhatta, Registry to issue notices to unserved respondents, returnable on 29.11.2010 and present application stands disposed of accordingly.

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(SHRIHARI P. DAVARE, J.) (S.B.DESHMUKH, J.)

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dbm/ca1414.10

Motiram Sangappa Rawale v. the State of Mah and Ors.

Case brief

What is this about?

What did the court decide?

Motiram Sangappa Rawale v. the State of Mah and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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