Vitthal Genu Gade v. Ratan Brijlal Sonkar And ORS.

by HEMANT CHANDERSEN SHIV Date:

2022.07.20 16:05:07 +0530 HEMANT CHANDERSEN SHIV 16.a1955.19.doc Shiv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1955 OF 2019 IN WRIT PETITION NO.4688 OF 2019 Vitthal Genu Gade ... Applicant

Versus

Ratan Brijlal Sonkar & Ors.

... Respondents Ms. Urmila Pulekar i/b Rahul S. Kulkarni for the Applicant. Mr. H.D. Chavan i/b T.D. Deshmukh for Respondent Nos.1 and 2. Mrs. V.S.Nimbalkar AGP for Respondent Nos.10 to 14. CORAM : S. M. MODAK, J.

DATED : 15TH JULY 2022 P.C. :

1.

The Writ Petition by the Applicant was dismissed as the office objections were not removed in time. This Court by the order dated 15th April 2019 has ordered issue of notice to the Respondents and ad-interim relief was granted in terms of prayer clause (c) till the next date and the Petitioner was directed to remove office objections and that is why the Writ Petition was dismissed.

2.

Heard learned Advocate for the Petitioner, learned Advocate for Respondent Nos.1 and 2 and learned AGP for Respondent Nos.10 to 14. 3.

As the Writ Petition was dismissed prior to service of notice, I think this application can be considered now also. The Application can be decided on the basis of available record and no purpose will be served by 1/2

16.a1955.19.doc granting time to the Respondents to file reply. 4.

The Petitioner undertakes to remove the office objections. Hence the application is allowed. The Writ Petition be restored subject to removal of office objections within a period of three weeks and subject to deposit of the costs of Rs.2,000/- with the High Court Legal Services Authority within two weeks.

5.

The learned Advocate waives notice for Respondent Nos.1 and 2 in Writ Petition. Once above conditions are fulfilled the Petitioner to serve a copy of the Writ Petition on Respondent Nos.1 and 2 through their Advocate so also learned AGP waives service for Respondent Nos.10 to 14. A copy be supplied to the learned AGP also.

(S. M. MODAK, J.) 2/2