Bombay High Court
Keshav Vishwanath Gaikwad And ... vs The Maharashtra Industrial ... on 22 November, 2016
Bench: T.V. Nalawade
929_WP254416.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 2544 OF 2016
1. Keshav Vishwanath Gaikwad
Age: 59 years, Occu.: Labour.
2. Sumanbai Asaram Gangavane
Age: 59 years, Occu.: Labour.
3. Subhadrabai Yadavrao Shinde
Age: 64 years, Occu.: Labour.
4. Ashok Damu Sukhdhan
Age: 64 years, Occu.: Labour.
5. Maheboob Hasan Qureshi
Age: 74 years, Occu.: Labour
6. Kadar Ajij Tade
Age: 69 years, Occu.: Labour.
7. Rauf Janemiya Tade
Age: 74 years, Occu.: Labour
All residents of Gat No. 175,
Mauje Waladgaon, Tq. & Dist. Aurangabad. ..PETITIONERS
VERSUS
1. The Maharashtra Industrial Development Corporation,
Through its Regional Officer,
Railway Station Road, Aurangabad.
2. Laxman Yadavrao Shinde
Age: 49 years, Occu.: Labour,
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R/o Gat No. 175, Mauje Waladgaon,
Tq. & Dist. Aurangabad. ..RESPONDENTS
WITH
WRIT PETITION NO. 7805 OF 2013
1. Keshav Vishwanath Gaikwad
Age: 57 years, Occu.: Labour.
2. Sumanbai Asaram Gangavane
Age: 57 years, Occu.: Labour.
3. Subhadrabai Yadavrao Shinde
Age: 62 years, Occu.: Labour.
4. Ashok Damu Sukhdhan
Age: 62 years, Occu.: Labour.
5. Maheboob Hasan Qureshi
Age: 72 years, Occu.: Labour
6. Kadar Ajij Tade
Age: 67 years, Occu.: Labour.
7. Rauf Janemiya Tade
Age: 72 years, Occu.: Labour
All residents of Gat No. 175,
Mauje Waladgaon, Tq. & Dist. Aurangabad. ..PETITIONERS
VERSUS
1. The Maharashtra State Road Transport Corporation,
Through its Regional Manager,
Aurangabad.
2. Laxman Yadavrao Shinde
Age: 49 years, Occu.: Labour,
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R/o Gat No. 175, Mauje Waladgaon,
Tq. & Dist. Aurangabad. ..RESPONDENTS
....
Mr. D.P. Palodkar, Advocate for petitioner.
Mr. S.S. Dande, Advocate for Respondent No.1 in WP 2544/16.
Mrs. Ranjana D. Reddy, Advocate for Respondent No.1 in WP 7805/16.
....
CORAM : T.V. NALAWADE, J.
DATED : 22nd NOVEMBER, 2016
ORAL JUDGMENT :
1.
Rule. Rule made returnable forthwith. Heard both sides by
consent for final disposal.
2. It appears that three suits are filed before the Civil Judge,
Junior Division, Aurangabad for relief of perpetual injunction in respect of
same property - Gut No. 175. It appears that defendant wants to prove
that said property was allotted to him by the Collector. In the past the
Collector was made party defendant in the suit in view of contentions
made against him but this order was challenged in Writ Petition No. 7325
of 2013 ( Meerabai Laxman Gaikwad Vs. The Regional Officer ) and by
order dated 09th January, 2014 said order came to be set aside. This
Court observed that for proving of said contention and other contentions,
the Collector can be called as witness.
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929_WP254416.odt
3. In view of this circumstance and as the defendant has filed
proceeding for clubbing of the three suits, learned Counsel for petitioner
submitted that the Collector needs to be deleted from the suit as party
defendant in remaining two suits and for such relief, two proceeding are
filed. In view of order already made in aforesaid writ petition and
submissions made, this Court holds that both the petitions need to be
allowed.
4.
Petitions are allowed. Order making Collector as party
defendant is set aside. Statement made by petitioner that the petitioner
will have no objection for clubbing all three suits is recorded. Rule made
absolute in those terms.
( T.V. NALAWADE, J. )
SSD
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