The Municipal Council, Katol ... vs Smt. Kamladevi Wd/O Yogeshwar ...
2021 Latest Caselaw 7914 Bom

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                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 NAGPUR BENCH, NAGPUR.

                            CIVIL APPLICATION (CAO) NO.1166 OF 2017
                                                IN
                           MISC. CIVIL APPLICATION ST. NO.17388 OF 2017
                                                IN
                                SECOND APPEAL NO.371 OF 2014 (D)

                The Municipal Council, Katol, Thr. its Chief Officer, Katol, Dist. Nagpur
                                                              -vs-
                         Kamladevi wd/o Yogeshwar Rathi, Katol, Nagpur and ors.
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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

Shri M. I. Dhatrak, Advocate for applicant. Shri S. N. Chinchbankar, Advocate for respondents.

CORAM : A. S. CHANDURKAR J.

DATE : June 15, 2021

According to Shri M. I. Dhatrak, learned counsel for the applicant the judgment in Second Appeal No.371/2014 was challenged before the Honourable Supreme Court and on 17/07/2017 while dismissing the Special Leave Petition it was observed that it would be open for the applicant to move this Court for seeking clarification with regard to 10% of the open space available for development. He further submits that the order passed in Writ Petition No.2249/2013 which arose between the same parties was not pointed out when the second appeal was heard and decided.

Shri S. N. Chinchbankar, learned counsel holding for Shri S. N. Bhattad, Advocate appearing for the non-applicants submits that copy of the application for condonation of delay as well copy of the review application has not been served on the non-applicants.

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Counsel for the applicant to serve the aforesaid copies on the counsel for the non-applicants within period of one week from today. It is open for the non-applicants to file reply if found necessary.

Put up for further consideration on 02/07/2021.

JUDGE

Asmita