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Bombay High CourtCAN/51/2018allowed

Shri Rajesh Mahadeo Malwadkar And ORS. v. Dinesh Waghmare, The Secretary And ORS.

2018-09-11Hon'Ble Shri Justice R.M. Savant.,Hon'Ble Shri Justice K. K. Sonawane1 pages

caw-51-18(9).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.51 OF 2018 IN CONTEMPT PETITION st. NO. 18316 OF 2017 IN WRIT PETITION NO.4220 OF 2015 Shri Rajesh Mahadeo Malwadkar & Ors ..Applicants Vs.

Dinesh Waghmare & Ors ..Respondents Mr. Irvin D'souza I/b Mr. Rajaram Deshmukh for the Applicants Mrs. Rupali Shinde AGP for the Respondent State CORAM :R. M. SAVANT, & K. K. SONAWANE, JJ DATE : 11th SEPTEMBER, 2018 P.C.

For the reasons stated in the Civil Application, the delay in filing the above Civil Application is condoned. The Civil Application is also allowed in view of the fact that the Petitioner is required to be given an opportunity to prosecute the Contempt Petition on merits rather than being thrown out on technicalities. The Civil Application is accordingly allowed and made absolute in terms of prayer clauses (a) and (b). Contempt Petition to stand restored to file. List the Contempt Petition for admission on 9-10-2018. The Civil Application is accordingly disposed of.

[K. K. SONAWANE, J] [R.M.SAVANT, J] mmj