Shri. Ashok Pandurang Shelar v. Sudhir Madhukar Achrekar And ORS

1 CAW 240-15 in WP 11128-13.doc-3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.240 OF 2015 IN WRIT PETITION NO.11128 OF 2013 Shri Ashok Pandurang Shelar.

] ... Applicant

Versus

Sudhir Madhukar Achrekar and Others.

] ... Respondents Mr. Haribhau Deshinge h/b Mr. Sachin Dhakephalkar for Applicant. None for Respondents.

CORAM :- M. S. SONAK, J.

DATE :- MARCH 20, 2015 P. C. :- 1.

This Civil Revision Application seeks recall of the order dated 17/06/2014, by which Writ Petition No.11128 of 2013 came to be dismissed as against Respondent Nos.3 and 4. 2.

In view of the averments in the Civil Application, as also with a view to afford the Applicant yet another opportunity, the delay in taking out this application is condoned and the order dated 17/06/2014 is recalled. The Petition shall accordingly stand restored as against Respondent Nos.3 and 4.

URS

2 CAW 240-15 in WP 11128-13.doc-3 3.

Ad-interim relief was obtained on 02/12/2013. Thereafter, on account of failure on the part of the Applicant/Petitioner to take steps, the matter was adjourned from time to time. Ultimately, by order dated 17/06/2014, this Petition was dismissed as against Respondent Nos.3 and 4. 4.

In the aforesaid circumstances, although the Petition is now restored as against Respondent Nos.3 and 4, the Petitioner shall pay costs of Rs.2,000/- (Rupee Two Thousand Only) to each of the 5 Respondents in the main Petition. Costs shall be paid or deposited within a period of two weeks from today.

5.

In case the costs are not paid or deposited within a period of two weeks from today, then this Civil Application shall be deemed to have been dismissed.

6.

Civil Application is disposed of in the above terms. (M. S. SONAK, J.) URS