Mr. Jagganath Sambhu Mane Vs Mr. Dagadu Sopan Mane and Ors.

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wp-3572.13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.3572 OF 2013

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Jagganath Sambhu Mane : Petitioner. Versus Dagadu Sopan Mane and ors. : Respondents.

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Mr. Anand S Kulkarni for the Petitioner.

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CORAM : R. M. SAVANT, J. DATE : 12^th April 2013

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P.C.

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1 The writ jurisdiction of this Court is invoked against the order dated 15/1/2013 passed by the Civil Judge, Junior Division, Mohol by which order the Application Exhibit 49 for granting police aid to the Petitioner who is the original Plaintiff came to be rejected. The rejection is on the ground that the said application would require a judicial inquiry and therefore has to be filed as per the form provided in the Civil Manual. However, by the said order liberty is also granted to the Plaintiff i.e. the Petitioner herein to move as per law.

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2 The learned counsel appearing for the Petitioner has taken me through the Civil Manual. On such perusal there does not appear to be any particular form in which the application for police aid is to be made. However, the fact that a judicial inquiry is required to be conducted cannot be disputed.

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wp-3572.13

In that view of the matter, it would be open for the Plaintiff i.e. the Petitioner herein to file a fresh application for being granted police aid and since there is no particular form in which the application is to be made, the Trial Court on such fresh application being filed by the Plaintiff/Petitioner would consider the same and decide the same within a period of three weeks of the fresh applicatin being filed before it on its own merits and in accordance with law uninfluenced by the impugned order dated 16/12/013.

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3 With the aforesaid directions, the above Writ Petition is disposed of.

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[R.M.SAVANT, J]

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lgc

Mr. Jagganath Sambhu Mane v. Mr. Dagadu Sopan Mane and Ors.

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Mr. Jagganath Sambhu Mane v. Mr. Dagadu Sopan Mane and Ors.

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