Petitioner sought writ of mandamus to be recorded as co-owner in a saw mill license based on a lower court decree. The Court held the petition premature as the ownership issue is pending in a Second Appeal and dismissed it as devoid of merits.
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.
Megha 1_wp_14218_2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.14218 OF 2017
Kacharu Babasaheb Shaikh (Dagadfode) …Petitioner Versus Deputy Conservator of Forest Solapur and Ors. ...Respondents
Mrs. Anjali N. Helekar with Ms Anu C. Kaladharan and Mr. Kanhaiya S. Yadav for the Petitioner.
Mrs. R.M. Shinde, AGP for the Respondent -State.
CORAM : RANJIT MORE AND
SMT. ANUJA PRABHUDESSAI, JJ.
DATED: 21st JUNE, 2018
P.C.:-
By this petition the Petitioner has sought the following
relief :-
“a. That this Honourable Court be pleased to issue a writ of mandamus and /or any other order or direction in the nature of mandamus directing Respondents to record the name of the petitioner to 'Mere Mehaboob Subhani' Saw Mill as one of the co-owners in the license of the said Saw Mill.”
the judgment and order dated 30th November, 2011 passed by the District Judge-3, Solapur in Regular civil Appeal No.488 of 2002, whereby it is held that the Petitioner has 2/11th share in respect of the
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Megha 1_wp_14218_2017.doc
said saw mill. It is not in dispute that the Respondent No.5 has challenged the said judgment and order by filing Second Appeal No.610 of 2012, which is already admitted. The records also reveal that in Civil Application No.1183 of 2012 filed in the said appeal, the
learned Single Judge of this Court has passed following order :-
“3. In view thereof, civil application is disposed of in the following terms:
respect of the said premises of the Petitioner and the Respondent Nos.5
and 6 is pending for adjudication in this Court in Second Appeal No.610 of 2012.
(SMT. ANUJA PRABHUDESSAI, J.)
(RANJIT MORE, J.)
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1 issue framed by the court
Whether issuance of writ of mandamus directing registration as co-owner is maintainable when ownership is pending adjudication in Second Appeal.
Kacharu Babasaheb Shaikh (Dagadfode)
Deputy Conservator of Forest Solapur and Ors.
RANJIT MORE
ANUJA PRABHUDESSAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
