1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No.910/2011 ( Arun N. Mulatkar ..Vs.. Pritam M. Bakde and others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Pradeep Marpakwar, Adv. for petitioner. Mr. S.K. Mishra, Adv. for respondent no.10. CORAM : D.D. SINHA & A.P. BHANGALE JJ. DATE : 22 . 2 . 2011 . 1. Heard the learned counsel for the petitioner and the learned counsel for the respondent no.10. 2. The following facts are not disputed in view of the order dated 28/4/2009 passed by this Court whereby the Writ Petition No.1794/2009 came to be disposed of by observing thus - “Heard Mr. P.V. Vaidya, Adv. for petitioners and Mr. S.K. Mishra, Adv. for respondent no.1. Mr. S.K. Mishra, Adv. for respondent no.1 states that the applications of petitioners as well as respondent no.2/Society which were submitted under the provisions of the Guntehwari Act, 2001 are rejected; consequently, the action contemplated u/s. 7(2) in accordance with the Scheme of the 2 said provision will be initiated provided there is no other legal impediment in doing so. In view of above referred statement, the cause of action involved in the present petition no more survives, in the circumstances, the petition is disposed of accordingly.” 3. Mr. Mishra, learned counsel for the respondent no.10, has submitted that in view of above referred order the notices are issued under section 7 read with section 4(1) of the Guthewari Act, 2001 to the petitioner and others. It is further submitted that the said action of the Nagpur Improvement Trust has been challenged by the petitioner and others by filing the civil suit in the civil Court. In view of the above referred undisputed facts, there is no case made out for showing indulgence in the matter. However, it is always open for the Civil Court to consider the grievance of the petitioner on its own merits and in accordance with law, if the suit is otherwise maintainable in law. With these observations the present writ petition is disposed of. JUDGE JUDGE Tambaskar.