Rangrao Mahadu Pethkar (Since Decd.) Through Lrs. Shri. Jaywant R. Pethkar v. Sadashiv Maruti Vibhute (Since Decd.) Through Lrs. And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.88 of 2021 IN Writ Petition No. 1978 of 1998 Rangrao Mahadu Pethkar deceased through Lrs Shri Jaywant Rangrao Pethkar ...

Applicant In the matter between Rangrao Mahadu Pethkar deceased through Lrs Shri Jaywant Rangrao Pethkar ...

Petitioner v/s.

Sadashiv Maruti Vib hute (since deceased through heirs & Lrs) Shri Shivaji S. Vibhute & ors.

...

Respondents Mr. Pratap Patil for the applicant.

Mr. Shailesh Chavan i/b. Mr. Milind Deshmukh for respondents 1 to 3. CORAM : G.S.KULKARNI, J 20th December 2021 P.C.

Heard Mr. Patil, the learned counsel for the applicant and Mr.

2/2 42 caw 88.21.doc Chavan, the learned counsel for respondents 1 to 3. There is no opposition to this application which is filed for setting aside of the order dt.10/06/2019 dismissing the petition for non-prosecution. There is no delay in filing of this application. 2.

For the reasons set out in the memo of the civil application, it is in the interest of justice that the application is allowed. 3.

Application is allowed in terms of prayer clause (a). 4.

List the Petition for final hearing as per its turn. (G.S.KULKARNI, J) Lata Panjwani, P.S.