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Bombay High CourtWP/10296/2019disposed off

Hanumant Rambhau Darekar And ORS v. State Of Maharashtra And ORS

2021-01-13Hon'Ble Shri Justice Nitin W. Sambre2 pages

(13) WP-10296-19.doc BDP-SPS Bharat D.

Pandit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10296 OF 2019 by Bharat D.

Pandit Date: 2021.01.14 16:51:06 +0530 Hanumant Rambhau Darekar & Others .... Petitioners.

V/s State of Maharashtra and Others .... Respondents.

----- Mr. Drupad Patil i/b Balasaheb Ligade for the Petitioner. Smt. Madhubala Kajale '

B' Panel AGP for the State.

----- CORAM: NITIN W. SAMBRE, J.

DATE: JANUARY 13, 2021 P.C.:- 1] Heard.

2] Copy of the Petition alongwith the plaint appears to have been served on the office of the Government Pleader, High Court, Bombay at the time of filing of the Petition itself i.e. in October, 2019. As such, on the date of decision of this Petition, it can be inferred that there is compliance of section 80 of the Civil Procedure Code as there appears to be sufficient notice to the Respondents about intention of the Petitioners of filing of the suit.

3] In that view of the matter, it is open for the Petitioners to 1/2

(13) WP-10296-19.doc proceed with the suit before the Civil Court as notice period is deemed to have been already over.

4] Petition stands disposed of in the above terms. ( NITIN W. SAMBRE, J. ) 2/2