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Bombay High CourtCAW/1511/2017allowed

Shri. Choundeshwari Education Society v. Sunil Namdeov Zanjurne And ANR.

2017-07-10Hon'Ble Shri Justice Rajesh G. Ketkar3 pages

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1510 OF 2017 IN WRIT PETITION NO. 8377 OF 2005 Shri Choundeshwari Education Society ] Applicant

IN THE MATTER BETWEEN

Shri Choundeshwari Education Soc.

] Petitioner Vs.

Kumari Sujata Krishna Bavakar & Anr.

] Respondents WITH CIVIL APPLICATION NO. 1511 OF 2017 IN WRIT PETITION NO. 8378 OF 2005 Shri Choundeshwari Education Society ] Applicant

IN THE MATTER BETWEEN

Shri Choundeshwari Education Soc.

] Petitioner Vs.

Shri Sunil Namdev Zanjurne & Anr.

] Respondents WITH CIVIL APPLICATION NO. 1512 OF 2017 IN WRIT PETITION NO. 8379 OF 2005 Shri Choundeshwari Education Society ] Applicant

IN THE MATTER BETWEEN

Shri Choundeshwari Education Soc.

] Petitioner Vs.

Kumari Asha Shivdas Salunkhe & Anr.

] Respondents

WITH CIVIL APPLICATION NO.1514 OF 2017 IN WRIT PETITION NO. 8381 OF 2005 Shri Choundeshwari Education Society ] Applicant

IN THE MATTER BETWEEN

Shri Choundeshwari Education Soc.

] Petitioner Vs.

Shri Dattaji Sayaji Bhosale & Anr.

] Respondents ......

Mr. Dilip Bodake, for applicant in all Civil Applications. Mr. V.S. Talkute, for respondent No.1.

Mr. A.R. Metkari, A.G.P, for respondent No.2. CORAM : R.G. KETKAR, J.

DATE : 10TH JULY, 2017.

P.C.

Heard Mr. Bodake, learned Counsel for the applicants, Mr. Talkute, learned Counsel for respondent No.1 and Mr. Metkari, learned A.G.P, for respondent No.2.

2.

By these applications, the applicants have prayed for recalling the order dated 12th June, 2017 by which the Petitions were dismissed for non prosecution.

3.

Mr. Bodake submitted that on 12th June, 2017, he could not attend the matters as he was not keeping well. He invited my attention to the order dated 12th June, 2017 passed by this Court [Coram: K.K. Tated, J.] in Writ Petition No. 8313 of 2016. In that matter, request for adjournment was made on the ground Advocate on record is not keeping well. He submitted that, however, nobody

could not attend the proceedings when the matters were called out before the Hon'ble Court.

4.

In view thereof and for the reasons set out in all the Civil Applications, all Civil Applications are allowed in terms of prayer clause [a] with no order as costs. Liberty is reserved to the first respondent to apply for fix date of hearing before the Court taking Writ Petitions of 2005 for final hearing. [R.G. KETKAR, J.]