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Bombay High CourtCAW/148/2018allowed

Pune Vidyarthi Gruha v. Narendra Sarangdhar Nagpure And ORS

2018-03-13Hon'Ble Shri Justice A. K. Menon2 pages

hcs 9.a148.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.148 OF 2018 IN WRIT PETITION NO.3428 OF 2011 Pune Vidyarthi Gruha .. Applicant.

Vs.

Narendra S. Nagpure & Ors.

.. Respondents.

Mr. S.S. Kanetkar with R.B. Kulkarni for the applicant. Mr. Vipul K.Bodhare i/b Mr.Ashok M. Joshi and Ms.Geeta Sardesai for respondent no.1.

Ms. Vaishali Nimbalkar AGP for Respondent No.3. CORAM : A.K. MENON, J.

DATED : 13TH MARCH, 2018 P.C. :

1. By this civil application, the applicant seeks restoration of the writ petition which came to be dismissed by a self operative order dated 16th November, 2015 passed by the Registrar Judicial-I. It also seeks restoration of the interim order.

2. The application is opposed on behalf of the respondents on the basis that the interim order cannot now be restored due to passage of time. The respondent no.1 was allowed to resume the duties as Head Master. In the circumstances it is not possible to restore the interim 1/2

9.a148.18 order due to passage of time. Hence I pass the following order : (a) Writ Petition No.3428 of 2007 is restored to file. (b) Liberty to the petitioner to seek amendment, and seek interim relief thereafter if so advised .

Civil application is disposed of in above terms. (A.K. MENON,J.) 2/2