Vithal Kashinath Bhor And ANR. v. Ramchandra Gopal Tembekar (Since Decd) Through Lrs. And ORS.

(903)-3059-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3059 OF 2015 IN WRIT PETITION NO.2451 OF 1998 Vithal Kashinath Bhor and another .. Applicants

Versus

Ramchandra Gopal Tembekar (Since deceased through his legal heirs) Nitin Ramchandra Tembekar and others .. Respondents Mr. A. P. Mhatre, for the Applicants/Petitioners. Ms. Neuty N. Thakkar for the Respondent Nos.1(a) to 1(c) & 2. Mr. S. D. Rayrikar, AGP for the Respondent No.3. CORAM : R.M. SAVANT, J.

DATE : 11th MARCH 2016 P.C.

1.

The above Civil Application has been filed for restoration of the above Petition which has stood dismissed for non-prosecution on account of the non-appearance of the Advocate on 05.01.2015. The Learned Advocate who had filed Vakalatnama for the Petitioners Mr. P. K. Dhakephalkar was designated as a Senior Advocate and therefore he missed the matter and could not appear when the matter was listed on 05.01.2015. The said reason finds a place in paragraphs 6 and 7 of the BGP.

(903)-3059-15.doc Civil Application. The above Petition is pending hearing and final disposal. In my view, therefore, it would be just and proper to afford an opportunity to the Petitioners to prosecute the above Petition on merits rather than being thrown out on the ground of a technicality. The Civil Application is accordingly allowed. Resultantly, the Writ Petition is restored to file. The Petitioners to pay costs of Rs.2000/- to the Respondent Nos.1(a), 1(c) and 2 within four weeks from date. List the Petition for final hearing in the week commencing 11.04.2016 to be shown on the appropriate place on the final hearing board under the category of senior citizen. The Civil Application is accordingly disposed of.

[R.M. SAVANT, J] BGP.