Shri. Rajaram Sitaram Nikam v. The State Of Maharashtra And ORS

9-ia3982-21.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3982 OF2021 IN WRIT PETITION NO.5538 OF 2018 VASANT ANANDRAO IDHOL VASANT ANANDRAO IDHOL Date: 2023.02.24 17:22:32 +0530 Rajaram s. Nikam ...Applicant Ori.Petitioner No.3 V/s.

State of Maharashtra & Ors.

...Respondents

Mr.Nagesh Chavan i/b Mr.Nikhil N. Pawar for the Applicant. Mr.A.I. Patel, Addl. G.P. with Mrs.M.S. Bane, AGP for the State - Respondent Nos.1 to 4.

Mr.Rugved Kinkar i/b Mr.Drupad Patil for the Respondent Nos.5 (A) to (E) and 6.

CORAM : R.D. DHANUKA & M.M. SATHAYE , JJ.

DATE : 22ND FEBRUARY, 2023.

P.C. :- 1.

This is an application filed by the Petitioner No.3 praying for recall of the order dated 5th December, 2011 passed by the learned Registrar (Judicial-I) in Writ Petition No.5538 of 2018 and for restoration of the said Petition to file. There is delay in filing an application.

2.

Heard learned counsel for the Respondent Nos.5(A) to 5(E) and 6 and the learned Additional Government Pleader for the 1/2

9-ia3982-21.doc Respondent Nos.1 to 4. No affidavit in reply is filed till date. For the reasons stated in the application, specifically paragraphs 4 to 6 of the application, sufficient cause is made out for condonation of delay. 3.

In that view of the matter, the Interim Application is allowed in terms of prayer clauses (a) and (b). The Interim Application is disposed off.

4.

At this stage, Mr.Chavan, learned counsel for the Applicant states that the Petitioner No.1 has expired and seeks to file an Interim Application for bringing the legal heirs of the Petitioner No.1 on record. If any such Interim Application is filed, the same shall be placed on board along the Writ Petition on 23rd March, 2023. (M.M. SATHAYE , J.) (R.D. DHANUKA, J.) 2/2