In a review application concerning a writ petition, the High Court affirmed that the petitioner has an adequate remedy by way of appeal. Consequently, the petition was disposed of without recalling the previous order as liberty was granted to prefer an appeal.
Writ petition disposed of. No costs. Liberty given to prefer an appeal.
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905-RA-205-2018
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
905 REVIEW APPLICATION (CIVIL) NO. 205 OF 2018
IN WP/8570/2018
YOGESH ANNARAO LOKHANDE ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS..RESPONDENTS
Mr. D. M. Wagh Patil and Aniruddha B. Ghule,
Advocate for the Petitioner.
Mr. S. K. Tambe, AGP for the Respondents.
CORAM : S. V. GANGAPURWALA &
SUNIL K. KOTWAL, JJ.
DATED : 28th SEPTEMBER, 2018.
PER COURT:-
1.The learned counsel for the petitioner
submits that he could not remain present when the
matter was called out and in his absence writ
petition is disposed of directing the petitioner to
avail the remedy of Second Appeal.
2.The learned counsel submits that in the
similar case, this Court had directed the release
of vehicle.
3.We have disposed of the writ petition on
the ground that the petitioner has remedy of
Appeal. The petitioner certainly has remedy of
Appeal and in Appeal all the necessary reliefs can
905-RA-205-2018
(2)
be claimed by the petitioner.
4.In view of the above, it is not necessary
to recall the order, as liberty has been given to
the petitioner to prefer an Appeal.
5.Writ Petition is accordingly disposed of.
No costs.
(SUNIL K. KOTWAL) (S. V. GANGAPURWALA) JUDGE JUDGE
Devendra/September-18
Devendra Nandkumar Kale
Digitally signed by Devendra Nandkumar Kale Date: 2018.09.28 18:10:45 +0530
1 issue framed by the court
Whether the writ petitioner availing remedy of second appeal is appropriate and whether the writ petition should be quashed.
YOGESH ANNARAO LOKHANDE
THE STATE OF MAHARASHTRA
S. V. GANGAPURWALA
SUNIL K. KOTWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court