(Kurian Joseph and R. Banumathi, JJ.)
Madhusudan Manikrao Kendre ________________________ Appellant
v.
Ratnakar Manikrao Gutte and Ors. ___________________ Respondent(s)
Civil Appeal No. 6453 of 2017 [@ Special Leave Petition (C) No. 7772 of 2017], decided on May 8, 2017
The Judgement of the Court was delivered by
Kurian, J.:—
1. Leave granted.
2. Learned counsel appearing for Respondent No. 1, who is the Election Petitioner, submits that leaving the question of law open this appeal can be disposed of, since Respondent No. 1 is willing to present himself for examination and cross examination. It is further submitted that this submission is made since the election petition has been pending for the last three years and for one reason or the other the same is getting adjourned by the appellant.
3. In view of the above, this appeal is disposed of with a direction to the Election Tribunal to dispose of the Election Petition No. 02 of 2014 expeditiously, preferably within a period of three months from the next date of posting, when Respondent No. 1 shall make himself available for examination.
4. We make it clear that we have not considered the merits of the case and the question of law is kept open.
5. Pending applications, if any, shall stand disposed of.
6. There shall be no orders as to costs.
Petition(s) for Special Leave to Appeal (C) No(s). 7772/2017
Madhusudan Manikrao Kendre _______________________ Petitioner
v.
Ratnakar Manikrao Gutte and Ors __________________ Respondent(s)
Date: 08/05/2017 This petition was called on for hearing today.
(Before Kurian Joseph and R. Banumathi, JJ.)
For Petitioner(s) Mr. Prashant R. Katneshwarkar, Adv.
Mr. Pralhad Bachate, Adv.
Mr. Amol Nirmalkumar Suryawanshi, Adv.
For Respondent(s) Mr. Sudhanshu S. Choudhari, Adv.
Mr. Rajat Kapoor, Adv.
Ms. Surabhi Guleria, Adv.
Mr. Mohit D. Ram, Adv.
UPON hearing the counsel the Court made the following
Order
7. Leave granted.
8. The appeal is disposed of in terms of the signed judgment.
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