In a writ petition regarding recovery certificate, the bench disposed of the matter, holding it cannot be entertained because a Civil Suit is filed and the relief prayer is weakened by pending revision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
WRIT PETITION NO.453 OF 2013
Office Notes, Office
Memoranda of Coram,
appearances, Court's
orders or directions
andRegistrar's
orders.
Court's or Judge's orders
Mr.L.V.Sangeet, advocate holding for Mrs.M.L.Sangeet,
advocate for the petitioners.
Mr.S.K.Kadam, Asstt. Govt. Pleader for Respondent No.
1.
Mr.M.S.Deshmukh, advocate for Respondent Nos.2 and 3.
Mr.S.A.Ambilwade, advocate for Respondent No.5
CORAM : S.V.GANGAPURWALA,J.
Date : 01.04.2013.
PER COURT :
has filed Revision before the Joint Divisional Registrar, challenging recovery certificate and vide prayer clause (A) the same relief is claimed. The learned counsel further submits that auction has been conducted by the Respondents.
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that auction sale has been conducted.
(S.V.GANGAPURWALA,J.)
Dt.01.04.2013. asp/office/wp453.13
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3 issues framed by the court
Whether the writ petition can be entertained when the petitioner has filed a Civil Suit on the same matter.
Whether the relief claim in prayer clause (A) can be considered when a Revision challenging the recovery certificate is pending.
Whether the withdrawal of the prayer claim due to pendency of revision justifies disposal of the writ petition.
Mrs.M.L.Sangeet
Respondent No.1
Respondent Nos.2 and 3
Respondent No.5
S.V.GANGAPURWALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court