A civil application sought modification of an order to grant liberty to claim property rights. The court held modification was not required as the right to claim is open regardless.
No modification of the order dated 16/1/2018; liberty left open to claim title.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
CIVIL APPLICATION W. NO.305/2018 IN WRIT PETITION NO.2398/2017 (D)
Rekha @ Kanchan w/o Kamlakar Pohe and another
...Versus...
The Authorised Officer, U.C.O. Bank, Yavatmal, Tah. And Distt. Yavatmal and another
Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders
Court's or Judge's orders
Shri R.K. Thakkar, Counsel for applicants/petitioners Shri A.A. Sambaray, Counsel for respondent no.1 Shri A.V. Bhide, Counsel for respondent no.2
CORAM : SMT. VASANTI A NAIK AND ARUN D. UPADHYE, JJ. DATE : 07/02/2018
By this civil application, the applicants/petitioners seek the modification of the order dated 16/1/2018 with a view to grant liberty to the petitioners to approach the appropriate Court for claiming the right and title to the property.
It is not possible to gauge whether we were inclined to grant the liberty or not. In any case, if the petitioners have a right or title in the property, it would be open to the petitioners to claim the right.
In view of the aforesaid, a modification of the order is not called for. Order accordingly.
JUDGE JUDGE
Wadkar
1 issue framed by the court
Whether modification of order granting liberty is called for
Rekha @ Kanchan w/o Kamlakar Pohe and another
The Authorised Officer, U.C.O. Bank, Yavatmal
Another
Vasanti A Naik
Arun D Upadhye
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
