Shri Dinkar Bhiku Jagtap v. Shri Vishvanath Dhondiba Bansode And ORS.

osk 11-caw-1976-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1976 OF 2019 IN WRIT PETITION NO. 4241 OF 2000 Dinkar Bhiku Jagtap (Since deceased) Through LRs. & Ors.

...

Applicants V/s.

Vishvanath Dhondiba Bansode (Since deceased) Through LRs. & Ors.

...

Respondents ----- Mr.B.R. Mandlik for Applicants.

Mr.Abhishek Pungliya for Respondent No.10.

CORAM : A.S. GADKARI, J.

DATE : 30th August 2019.

P.C. :

1] This is an application for restoration of Writ Petition No. 4241 of 2000, which was dismissed for non prosecution by order dated 8th July 2019.

2] Learned counsel appearing for the respondent No.10 vehemently opposed the application and submitted that, even on earlier two occasions, the Petition was dismissed for non-prosecution and was 1/2

osk 11-caw-1976-2019.odt restored. He submitted that, the same grounds were advanced by the applicant even on earlier occasions also and therefore, the Petition may not be restored.

3] Perusal of the application indicates that, the present application is filed within the period of limitation and sufficient cause is made out for restoration of the Petition.

4] In view thereof, Application is allowed in terms of prayer Clause (a).

[A.S. GADKARI, J.] 2/2