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Bombay High CourtIA/19035/2022allowed

Murgharajendra Veershaiv Lingayat Boarding Thr. President Sudhir S Sinhasane And ORS v. Subhash Sadashiv Chougule And ORS

2022-10-13Hon'Ble Shri Justice C.V. Bhadang2 pages

17-ia-19035-2022 in wp-899-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.19035 OF 2022 IN WRIT PETITION NO.899 OF 2019 Mugharajendra Veershaiv Lingayat Boarding, Thr. President Sudhir S. Sinhasane & Ors.

...Applicants V/s.

Subhash Sadashiv Chougule & Ors.

...Respondents

---- Mr.Abhishek Nandimath i/b Mr.Umesh R. Mankapure for the Applicants.

Mr.C.D. Mali, AGP for Respondent No.5-State.

---- CORAM : C.V. BHADANG, J.

by NILAM SANTOSH KAMBLE Date: 2022.10.13 15:03:21 +0530 NILAM SANTOSH KAMBLE DATE : 13 OCTOBER 2022 P.C.

.

This is an Application for restoration of Writ Petition No.899 of 2019 which stood dismissed for want of compliance with the Office objections and the conditional order dated 22 February 2019.

2.

The learned counsel for the Applicants states that the said Writ Petition was wrongly tagged with Writ Petition No.545 of 2019 and others which were not connected Petitions and the Petitioner could not notice the fact of the passing of the order N.S. Kamble page 1 of 2

17-ia-19035-2022 in wp-899-2019.doc dated 22 February 2019 resulting into the dismissal of the Writ Petition and the consequent delay in seeking its restoration. 3.

The learned counsel for the Applicants also points out that the Petition was dismissed even before notice was issued to the Respondents therein.

4.

In that view of the matter, the present Application is allowed. The order rejecting the Writ Petition is hereby recalled. The Writ Petition No.899 of 2019 is restored back to file, subject to the Petitioner removing the office objections within two weeks from today.

5.

Writ Petition No.899 of 2019 to stand over 'for admission' on 10 November 2022.

C.V. BHADANG, J.

N.S. Kamble page 2 of 2