Disposed

Rajnibai Baburao Gharte v. Kiran Gulabrao Patil and Anr.

Bombay HC3 Mar 2011LPA/40/2011

Case brief

AI extract

What is this about?

High Court Bench at Aurangabad, permitting appellants to file additional written statements and examine witnesses in associated Letters Patent Appeals, while directing the Collector to complete hearings expeditiously within a fixed timeline.

What did the court decide?

Appellants allowed to file additional written statements of defence and list witnesses; hearings to be concluded by 15th April 2011.

Rajnibai Baburao Gharte Vs Kiran Gulabrao… — Civil Procedure and Limitation | Bombay HC (2011)

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lpa40-11

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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LETTERS PATENT APPEAL NO.40 OF 2011

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Mrs. Rajnibai Baburao Gharte .. APPELLANT VERSUS Kiran Gulabrao Patil and another .. RESPONDENTS

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LETTERS PATENT APPEAL NO.41/2011

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Mrs.Soni Bharat Pawra .. APPELLANT VERSUS Kiran Gulabrao Patil and another .. RESPONDENTS

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.. RESPONDENTS

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LETTERS PATENT APPEAL NO.42/2011

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Shri Bhiwaji Bhatu Pawar VERSUS Kiran Gulabrao Patil and another

.. APPELLANT

.. RESPONDENTS

lpa40-11

LETTERS PATENT APPEAL NO.43/2011

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Shri Jitendra Himmat Biraris .. APPELLANT VERSUS Kiran Gulabrao Patil and another .. RESPONDENTS

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LETTERS PATENT APPEAL NO.44/2011

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Kedabai Shantaram Jadhav .. APPELLANT VERSUS Kiran Gulabrao Patil and another .. RESPONDENTS

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Shri P.D.Bachate, Adv. for appellants. Shri P.M.Shah, Sr.Adv. I/b Shri Amol S. Sawant,Adv.for respondent no.1.

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Shri R.P.Phatake, A.G.P. for Respondent no.2.

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CORAM : D.B.BHOSALE &

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R.M.BORDE,JJ. DATE : 3RD MARCH, 2011.

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PER COURT :

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1] Heard learned counsel for the parties.

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lpa40-11

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2] Mr. Bachate, learned counsel for the appellants in all the Letters Patent Appeals, submits that he has instructions not to press these Appeals on merits and seeks further time to submit their written statements of defence, in addition to their earlier written statements of defence. The Collector after framing of the charge vide order dated 3/1/2011, impugned in these proceedings, had allowed the respondents to submit their written statement of defence in addition to earlier written statement of defence on or before 13/1/2011 and also to state whether they desire to be heard in person on the additional points. Mr.Bachate, therefore, seeks directions to the Collector, to grant opportunity of being heard to the appellants, so also to examine witnesses, in support of their case. Having regard to the submissions made by learned counsel for the appellants and considering over all facts and circumstances of the case, we are satisfied that the following order shall meet the ends of justice.

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3] The appellants are allowed to submit their additional written statements of defence, if any, alongwith the list of witnesses, they propose to examine, on or before 14^th March 2011. If the appellants fail to comply with this within the stipulated time, it is open to the Collector to proceed with the hearing of Petitions and complete the same till the stage of pronouncement of final order.

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lpa40-11

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4] If the appellants submit their additional written statement and the list of witnesses within the stipulated time, the same may be taken on record. The Collector to pass order in accordance with law on the request made by the appellants to examine new witnesses. The Collector, after giving an opportunity of being heard to all the parties concerned and allowing them to examine/cross examine the witnesses, shall complete the hearing till the stage of pronouncement of the judgment/final order on or before 15^th April 2011, subject to the orders that will be passed by the Supreme Court in the pending Special Leave Petition filed by the appellants.

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5] Learned counsel for the appellants has assured that the appellants shall not seek adjournment on frivolous grounds. He has also stated that they will delete the names of the witnesses from the list of witnesses, if for any reason, the witness is not available for his examination. He has further assured that the appellants will cooperate for disposal of the Petitions before the Collector within the time frame. His statements are accepted.

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6] With these directions, Letters Patent Appeals are disposed of.

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7] In view of disposal of the Letters Patent Appeals, Civil Application No.2026/11 in L.P.A.No.40/11, Civil Application No. 2028/11 in L.P.A.No.41/11, Civil Application No.2029/11 in L.P.A.No.42/11, Civil Application No.2030/11 in L.P.A.No.43/11

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lpa40-11

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and Civil Application No.2031/11 in L.P.A.No.44/11 do not survive and are disposed of.

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(R.M.BORDE) (D.B.BHOSALE) JUDGE JUDGE

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umg/lpa40-11

Rajnibai Baburao Gharte v. Kiran Gulabrao Patil and Anr.

Case brief

What is this about?

What did the court decide?

Rajnibai Baburao Gharte v. Kiran Gulabrao Patil and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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