1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Writ Petition No.929 of 2008 Gulsu s/o Sanekar Holi, Aged about 55 years, Occupation : Agriculturist, R/o Wadgaon, Taluka Dhanora, District Gadchiroli. ... Petitioner Versus 1. Ryan Sanekar Holi, Aged about 45 years, Occupation : Agriculturist, R/o Pendoli, Post Sarkheda, Taluka Mohala, District Rajnandgaon (Chattisghad). 2. Ramabai Sanekar Holi, Aged about 43 years, Occupation : Agriculturist, R/o Dhanora, Taluka Dhanora, District : Gadchiroli. 3. Forest Department Gadchiroli, through Deputy Conservator of Forest, Gadchiroli. 4. State of Maharashtra, through Collector, Gadchiroli. ... Respondents 2 Shri V.N. Morande, Advocate for Petitioner. Shri A.S. Kilor, Advocate for Respondent Nos.1 and 2. Shri N.S. Khubalkar, AGP for Respondent Nos.3 and 4. CORAM : A.B. Chaudhari, J. DATE : 21st July, 2008 Oral Judgment : 1. Rule, returnable forthwith. Heard by consent of parties. 2. An order refusing to grant leave to file suit before the expiry of two months after giving statutory notice under Section 80 of the Code of Civil Procedure is under challenge in the present writ petition. 3. Having heard the learned counsel for the parties and having perused the reasons given in the application and particularly in para 3 thereof, I am satisfied that it is a fit case for grant of leave as prayed for by the petitioner. Hence, I make the following order : 4. The writ petition is allowed. The impugned order dated 7-2-2008 passed by the Trial Court refusing to grant leave to file suit under Section 80 of the Code of Civil Procedure to obtain urgent relief is granted. The suit be now tried in accordance with law. The interim order dated 28-2-2008 passed by this Court shall operate only for a period of four weeks in order to enable the petitioner to obtain interim relief from the Trial Court. 5. Rule is made absolute in above terms. No order as to costs. JUDGE 3 Lanjewar