1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.78 OF 2008 CIVIL APPLICATION NO.78 OF 2008 CIVIL APPLICATION NO.78 OF 2008 IN IN IN LETTERS PATENT APPEAL NO.71 OF 2008 LETTERS PATENT APPEAL NO.71 OF 2008 LETTERS PATENT APPEAL NO.71 OF 2008 Basavraj M. Bagale & Anr. .. Appellants vs. Suresh D. Hasapure & Ors. .. Respondents Mr.R.G.Ketkar i/b Mr.Suresh Sabrad for the appellants Mr.A.H.Palekar, A.G.P. for the State CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & Smt.V.K.TAHILRAMANI, JJ. Smt.V.K.TAHILRAMANI, JJ. Smt.V.K.TAHILRAMANI, JJ. DATE: 9TH JANUARY, 2009 DATE: 9TH JANUARY, 2009 DATE: 9TH JANUARY, 2009 P.C. 1. None for the respondents. 2. Heard on interim relief. 3. We propose to dispose of the Civil Application as none is present for the respondent who is contesting the matter. We have heard the learned counsel on the issue of grant of interim order. 2 4. Prima facie, we are of the view that respondent no.1 was duly elected and the Divisional Commissioner disqualified him by the impugned order which was set aside by the learned single Judge. We, therefore, grant stay to the effect and operation of the impugned order. Matter be listed after 4 weeks. The learned counsel for the appellant to inform of this interim order to the counsel for the contesting respondent. 5. Civil Application stands disposed of accordingly. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (Smt.V.K.Tahilramani, J.) (Smt.V.K.Tahilramani, J.) (Smt.V.K.Tahilramani, J.)